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Minimum 7 or more persons, eligible to enter into a contract can form society for various bona fide purposes. Under the Jammu and Kashmir Act, and Telengana Area Act, only 5 persons can form a society.
ELIGIBILITY
Besides individual, following persons are eligible to form a society by subscribing to the memorandum of a society:
- Foreigners
- Partnership firm
- Limited company
- Registered society
- Minors not eligible
REGISTRATION OF SOCIETY
Place of registration
The registration of a society is to be done under the act wherever obtaining and not in the state where the benefit is claimed.
Once the persons proposing to form a society have decided upon the name of the society and have prepared a draft of the memorandum and rules and regulations the society the following procedures would have to be adopted for getting the society registered:
Signing of Memorandum of Association
All subscribers (minimum 7) should sign each page of the memorandum and the signature should be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant, Magistrate First Class with their rubber/official stamp and complete address.
Documents required to be filed with the registrar of the society
- Covering letter requesting for registration stating in the body of letter various documents annexed to it.
- Memorandum of Association in duplicate along with a certified copy.
- Rules and regulations
- Where there is a reference to any particular existing places of worship like temple, masjid, gurdwara etc. sufficient documentary proof establishing legal competents and control of applicant society over such places should be filed.
- Affidavit of non-judicial stamp paper of appropriate value by President or Secretary of the office.
- Documentary proof house tax receipt, rent receipt in respect premises shown as registered office of a society or 'No Objection Certificate' from the owner of the society.
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