Annual Compliances & Foundational Requirements for a Society
Ensuring Continued Validity under the Societies Registration Act, 1860
Annual compliances for Society
Points to be kept in mind while forming a society:-
- Any seven or more persons associated for any Literary, Scientific, or Charitable purpose may subscribe to a Memorandum of Association and file with the Registrar of Societies under the Societies Registration Act, 1860.
- Societies operating on an all-India basis should have one member from at least seven states of the Union of India.
- The Emblems Act, 1950 prohibits the use of any name, emblem, official seal, etc., without prior permission from competent authority. Societies are advised to consult this Act before proposing a name.
- If the proposed name is identical or deceptively similar to any registered society, it should be avoided.
- The Memorandum of Association (MOA) must include the name of the society, objectives, and the names, addresses, and occupations of the governing body.
- A certified copy of the rules and regulations (by at least three members of the governing body) must be filed with the MOA.
- All signatures of subscribers on the MOA must be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, or Magistrate 1st Class with official stamps.
- Members of the governing body cannot be outside the list of subscribers to the MOA.
- The rules and regulations must be filed with the MOA at registration.
- Rules inconsistent with the Societies Registration Act, 1860 are invalid and mere filing does not make them valid.
- An affidavit on Rs.10/- Non-Judicial stamp paper from the President or Secretary should declare relationships between subscribers and confirm the name will be changed if already registered.
- A registration fee of Rs.50/- is required upon completion and approval by the Registrar.
- Ration Card, Election Card, or any other identity proof is required for all subscribers. Purpose, operations, and governing structure must be clearly defined in the MOA and Rules & Regulations.
Simple & Transparent Pricing for Annual Compliance Society
Scale your features as your business grows. Find the plan that fits your needs today.
Basic Plan
- Audit of Books of Accounts on an annual basis
- Filing of Income Tax Return (ITR)
- Book-Keeping and Accounting are not part of this package
Standard Plan
- Audit of Books of Accounts on an annual basis
- Filing of Income Tax Return (ITR)
- Annual renewal and registrar filing forms
- Book-Keeping and Accounting are not part of this package
Premium Plan
- Audit of Books of Accounts on an annual basis
- Filing of Income Tax Return (ITR)
- Annual renewal and registrar filing forms
- Preparation of legal resolutions as required under the Societies Act
- Book-Keeping and Accounting are not part of this package
FAQ's on Annual Compliances For Society
Your Questions Answered
What are the two foundational documents required to register a Society?
A Society must be founded by seven or more persons who subscribe their names to two essential documents: the Memorandum of Association (MoA), which outlines its name and objects, and the Rules and Regulations, which detail the society's internal governance and bylaws.
Is it mandatory for a Society to hold an Annual General Meeting (AGM)?
Yes. A Society must hold an Annual General Meeting (AGM) every year. The AGM must be held within six months from the date of the closing of the financial year (i.e., generally by September 30th).
Which are the main annual returns to be filed with the Registrar of Societies?
Every Society must file an Annual Return with the Registrar of Societies (RoS) of the respective state. This filing typically includes the Audited Financial Statements and a list of the Governing Body Members elected for the year.
Which ITR Form is applicable for a registered Society?
A registered Society generally files its Income Tax Return using ITR-5 (as a Society is classified as an Artificial Juridical Person or AJP/AOP). However, if the Society claims specific exemptions under Sections 139(4A) or 139(4C), it must file ITR-7.
When is a Statutory Audit mandatory for a Society?
The audit requirement depends on the law the society is following. For Income Tax purposes, an audit by a CA is compulsory if the income (before claiming exemptions) exceeds the basic exemption limit (₹2.5 Lakh). The Audit Report (Form 10B/10BB) is mandatory for tax-exempt societies.
What is the compliance for a Society that receives donations for tax deduction?
If the Society is registered under Section 80G, it must file a Statement of Donations (Form 10BD) annually with the Income Tax Department. It must also issue a Donation Certificate (Form 10BE) to donors to enable them to claim a tax deduction.
What is the common penalty for late filing with the Registrar of Societies?
The specific penalty varies by state rules, but a failure to file the annual return or other mandatory documents with the RoS typically results in fines and may lead to the cancellation of the Society's registration if non-compliance is prolonged.
Does a Society need to renew its registration?
The requirement for renewal depends on the specific State Societies Registration Act under which it is registered. Some states require renewal periodically (e.g., every 5 years), while others grant permanent registration. The Society must adhere to the rules of the state where it is registered.
