NGO Society Formation Deed
A Non Governmental Organization is an association of persons or a body of Individuals. An association of persons with non-profit motive may be registered Under any of the following Indian Acts:
1 As a Charitable Trust
2 As a Society registered under the Societies Registration Act
3 As a Company licensed under section 25 of the Companies Act Society Deed
A society may be defined as a company or an association of persons united Together by mutual consent to deliberate, determine and act jointly for same Common purpose. Minimum seven persons, eligible to enter into a contract, can form society. When an NGO is constituted as a society, it is required to be registered under the Societies Registration Act, 1860.
The chief advantage of forming a society is that it gives a corporate Appearance to the organization, and provides greater flexibility as it is easier to Amend the memorandum and bye laws of the society than in case of trust, terms of which are strictly manifested in the trust deed. However, formation of a society Requires more procedural formalities than in case of a trust.
A Society for its inception requires:- I. Memorandum of Association, and II. Rules and Regulations For the purpose of registration, following documents are required to be filed with The registrar of Societies:
1 Covering letter requesting for registration stating in the body of the letter Various documents annexed to it. The letter is to be signed by all the Subscribers to the memorandum or by a person duly authorized by all of Them to sign on their behalf.
2 Memorandum of Association, in duplicate neatly typed and pages serially numbered.
3 Rules and Regulations/Bye-Laws, in duplicate, certified by at least three members of the governing body.
4 An affidavit of the president/Secretary of the society, on a non-judicial Stamp paper of prescribed value, stating the relationship between the Subscribers, duly attested by an oath commissioner, notary public or 1st Class magistrate.
5 Documentary proofs such as house tax receipt, rent receipt in respect of Premises shown as registered office of the society or no objection Certificate from the landlord of the premises.
6 An authority duly signed by all members of the managing committee.
7 A declaration by the members of the managing committee that the funds of The society shall be used only for the purpose of furthering the aims and Objects of the society.