Society
A society requires a minimum of seven individuals to come together and may be wound
up if three-fifths of the members of the general body so desire. Societies are registered
under the Societies Registration Act. While this is an all-India Act, each state has its own
variations. In Maharashtra and Gujarat, for example, all societies must also
simultaneously be registered as trusts under the Bombay Public Trusts Act, 1950.
As per the law “every society registered under the Societies Act may sue or be sued in the
name of the president, chairman, or principal secretary, or trustees, as shall be determined
by the rules and regulations of the society, and, in default of such determination, in the
name of such person as shall be appointed by the governing body for the occasion.”
However, “if a judgment shall be recovered against the person or officer named on behalf
of the society, such judgment shall not be put in force against the property or against the
body of such person or officer, but against the property of the society.”
The documents required to register a society are a memorandum and an article of
association, which need not be executed on a stamp paper. The memorandum of
association should have the name of your society; the objectives; the names of all the
trustees and other details of your committee members to which the management of its
affairs is entrusted. All these documents should be submitted to the registrar of joint-
stock companies of the state in which you are seeking registration.
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