How to Register a Charitable Society/Club in Kerala: A Step-by-Step Guide

Introduction

A charitable society is a legal entity formed by a group of individuals who come together for a common charitable purpose, such as promoting education, providing healthcare, alleviating poverty, or other social welfare activities. In Kerala, the registration of charitable societies is governed by the TRAVANCORE-COCHIN LITERARY, SCIENTIFIC, AND CHARITABLE SOCIETIES REGISTRATION ACT, 1955 and SOCIETIES REGISTRATION ACT, 1860. Registering a charitable society provides it with legal recognition, enabling it to own property, enter into contracts, and receive donations and grants. This guide will walk you through the procedure for registering a charitable society in Kerala.

Key Features of a Charitable Society

Before diving into the registration process, it’s essential to understand some key aspects of a charitable society:

  • • Minimum Members: A minimum of seven members is required to form a charitable society.
  • • Non-Profit Nature: The society must be established for charitable purposes, and any profits must be used solely for promoting the society's objectives, not for personal gain.
  • • Governing Body: The society must have a governing body or managing committee responsible for its administration.

Procedure for Registering a Charitable Society in Kerala

The registration of a charitable society involves several steps, from drafting the memorandum and rules to submitting the application to the Registrar of Societies.

  • 1. Drafting the Memorandum of Association (MoA):

    The first step in registering a charitable society is drafting the Memorandum of Association (MoA). The MoA serves as the society's constitution and outlines its objectives, the names of the society’s members, and the roles and responsibilities of the governing body. The MoA must include:

    • * Name of the Society: The name should be unique and not similar to any existing society registered in Kerala.
    • * Registered Office: The address of the society’s registered office.
    • * Aims and Objectives: A clear statement of the society’s charitable objectives.
    • * Names, Addresses, and Occupations of the Members: A list of the society’s founding members (at least seven), along with their details.
    • * Governing Body: Details of the governing body members, including their roles (e.g., President, Secretary, Treasurer).
  • 2. Drafting the Rules and Regulations:

    Along with the MoA, the society must draft its Rules and Regulations, which detail how the society will be managed. This document typically includes:

    • * Membership Criteria: Who can become a member, the process for admission, and the rights and duties of members.
    • * Meetings: Guidelines for holding general body meetings, annual meetings, and managing committee meetings.
    • * Finance and Accounts: Procedures for managing the society’s funds, including the opening of bank accounts, auditing, and submission of financial reports.
    • * Amendment Procedures: How the MoA and Rules can be amended.
    • * Dissolution: Conditions under which the society may be dissolved and how the assets will be managed upon dissolution.
  • 3. Preparation of Required Documents:

    The following documents are necessary for registering a charitable society in Kerala:

    • * Memorandum of Association (MoA): Two copies, signed by all the founding members.
    • * Rules and Regulations: Two copies, signed by all the founding members.
    • * Affidavit: An affidavit from the President or Secretary stating that the society is formed for a lawful purpose and is not involved in any unlawful activities.
    • * Address Proof: Proof of the registered office's address, such as a rental agreement or utility bill.
    • * ID Proof of Members: Copies of the identity proofs of all founding members (e.g., Aadhaar, Voter ID, Passport).
  • 4. Filing the Application with the Registrar of Societies:

    The application for registration must be submitted to the Registrar of Societies in the district where the society’s registered office is located. The application should include:

    • * Covering Letter: A letter requesting the registration of the society, signed by the President or Secretary.
    • * Memorandum of Association (MoA): Two copies,
    • * Rules and Regulations: Two copies,
    • * Affidavit: Duly notarized.
    • * Address Proof: For the registered office.
    • * ID Proof of Members: : Copies of identity documents of all founding members.
    • The application must be submitted along with the prescribed fee, which can be paid via demand draft, challan, or other accepted methods.

  • 5. Payment of Registration Fees:

    The registration fee for a charitable society in Kerala is nominal and may vary slightly depending on the district. The fee is typically around ₹100 to ₹500.

  • 6. Verification and Issuance of Certificate of Registration:

    Once the application is submitted, the Registrar of Societies will examine the documents. If everything is in order, the Registrar will register the society by entering the details into the Register of Societies and issuing a Certificate of Registration. This certificate is proof of the society’s legal existence and allows it to function as a registered entity.

Benefits of Registering a Charitable Society

  • • Legal Recognition: Registration provides the society with legal status, allowing it to sue and be sued, own property, and enter into contracts.
  • • Tax Exemptions: Registered charitable societies may be eligible for tax exemptions under Section 12A and 80G of the Income Tax Act.
  • • Access to Funding: Registration is often a prerequisite for receiving government grants, donations from the public, and funding from other organizations.
  • • Perpetual Succession: A registered society enjoys perpetual succession, meaning it continues to exist even if there are changes in its membership.

Conclusion

Registering a charitable society in Kerala is a structured process that provides legal recognition and several benefits to the organization. By following the steps outlined in this guide and submitting the necessary documents to the Registrar of Societies, you can ensure that your society is legally established and equipped to carry out its charitable objectives effectively. Whether your mission is education, healthcare, social welfare, or any other noble cause, registering your society is a crucial step in making a lasting impact on the community.

2020 © All Rights Reserved | Designed and Developed by Kitcatmedia,Thrissur