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Society Registration

A society is a collective formed by individuals agreeing to pursue a shared goal. Realize your social entrepreneurship dream in India with Legalitis society registration expertise. Chase your vision now!

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Society Registration under the Societies Registration Act, 1860

The term "Intellectual Property" refers to the creations of the mind, including artistic works, literary works, names and images, inventions, symbols, and designs used in the context of business or business development. Intellectual Property constitutes intangible assets that encompass a range of rights governing ownership, sale of goods, and products generated through creative thinking or innovation, such as musical compositions, logo designs, literary works, and machines. One of the most common disputes in intellectual property is infringement. The intellectual property system aims to strike a balance between the interests of creators and the broader public interest, fostering an environment where creativity and innovation can thrive.

Diverse Forms of Intellectual Property

Trademark A trademark functions as a symbol that distinguishes the products and services of one enterprise from those of another.

Industrial Designs An industrial design pertains to the ornamental and aesthetic aspects of an article. It can be a three-dimensional attribute like the shape or texture of an article, or a two-dimensional aspect such as color, pattern, or lines.

Copyright Copyright is a legally defined term that encompasses the rights held by creators or inventors over their creations and innovations. It covers various works such as music, films, sculptures, advertisements, maps, paintings, books, computer programs, and technical drawings.

Geographical Indication Geographical indications and appellations of origin are marks used on products that originate from a specific geographical area and possess qualities, reputation, or characteristics primarily attributable to that place of origin.

Patent A patent is an exclusive right granted to the inventor or creator. It gives the owner the authority to determine the use of the invention by others. In exchange for this right, the patent owner makes detailed information about the invention publicly available through the issued patent document.

Trade Secrets Trade secrets are specific intellectual property rights designed to protect confidential information. Unauthorized acquisition or disclosure of confidential information constitutes unfair practice and infringement of trade secret protection.

Common Forms of Intellectual Property Disputes

Infringement is the most prevalent form of intellectual property dispute. Infringement occurs when an individual or entity uses intellectual property without obtaining legal permission from the owner.

Hence, there can be:

  • Copyright infringement
  • Patent infringement
  • Trademark infringement

Instances of infringement include:

  • Reproducing and distributing copyrighted media like music and films for profit without the copyright owner's consent.
  • Producing a patented item according to the specifications outlined in the patent without obtaining a license from the patent owner.
  • Using a logo intended for one product on a similar product without authorization.
  • Creating a logo or utilizing trade dress to make consumers believe they are purchasing a product similar to the original.

Intellectual property disputes can also arise due to misunderstandings or negligence on the part of the property owner. In cases where the owner believes their product is protected under intellectual property laws when it's not, or fails to secure the product under intellectual property law, disputes may emerge.

Advantages of Enrolling the Society Registration

  • Society registration offers several key benefits, including:

    1. Legal Recognition: Registration under the Society Registration Act provides legal recognition to the society, making it a separate legal entity with the ability to own property, enter contracts, and sue or be sued in its own name.

    2. Transparent Operations: Registered societies are required to follow certain guidelines and procedures, which helps ensure transparency in their operations and financial management.

    3. Credibility: Registered societies are generally considered more credible and trustworthy, which can be beneficial when seeking donations, grants, or collaborations.

    4. Ease of Management: The Act defines the procedures for the formation and functioning of societies, providing a structured framework for managing their activities.

    5. Perpetual Existence: A registered society continues to exist regardless of changes in its membership or office bearers, ensuring the continuity of its objectives.

    6. Access to Funding: Registered societies are often eligible for grants and funding from governmental and non-governmental organizations that support charitable and social activities.

    7. Social Welfare: Societies are formed for various purposes related to social welfare, education, culture, arts, and more, which contribute to the overall development of society.

    The purposes for which societies can be formed, as mentioned in your text, are quite diverse and reflect the wide range of activities that societies can engage in. These purposes encompass areas such as charitable aid, education, scientific advancements, cultural preservation, and social welfare. This flexibility allows societies to address various aspects of societal development and progress.

The procedure of the Society Registration Process

    1. Memorandum of Association (MoA) Preparation:

      • Choose a unique and acceptable name for the society.
      • Draft the Memorandum of Association (MoA), which outlines the rules, responsibilities, and regulations of the society and its members.
      • The MoA should include specific clauses: Name Clause, Objects Clause, Liability Clause, Domicile Clause, Subscription Clause, and Capital Clause.
    2. Manifestation of Memorandum of Association:

      • Members of the society sign and attest each page of the MoA.
      • Signatures must be attested by authorized individuals like Advocates, Oath Commissioners, Notary Publics, Gazetted Officers, authorized Chartered Accountants, or Magistrates First Class. Their official stamps and complete addresses are required.
    3. Application Filing:

      • Submit the application along with two copies of all required documents to the Registrar of the respective state.
      • The Registrar will acknowledge receipt of the application and provide a signed copy as confirmation.
    4. Registration Process:

      • The Registrar examines the application for accuracy and compliance with legal requirements.
      • Upon satisfaction, the Registrar issues a Certificate of Registration with an authorized registration number.
    5. Society Registration in India:

      • The registration certificate comes into effect as per the Societies Registration Act.
      • Memorandum of Association (MoA) defines the purpose and scope of the society's activities, and all subscribers' signatures must be attested as per legal requirements.

    It's important to follow these steps carefully to ensure a smooth and legally valid registration process for your NGO. Additionally, since legal procedures and requirements can vary over time and across regions, it's recommended to consult the latest legal documents, guidelines, and authorities for accurate and up-to-date information.

    Difference between Section 8 Company & Society
    Aspect Section 8 Company Society
    Objects Non-profit, specific purposes Charitable, educational, cultural, social welfare, etc.
    Structure Type of company under Companies Act Governed by Societies Registration Act
    Name Approval Approved by Registrar of Companies Unique and commonly accepted
    Meetings Held under Companies Act provisions Held as per Societies Act and society rules
    Administration Complex, compliance with Companies Act Simpler, fewer Act restrictions
    Status Benefits from company status Recognized as registered society
    Penalties Severe penalties under Companies Act

    Fewer specified offenses and penalties

FAQ

Frequently Asked Questions

Individual, Partnership firm, Companies, Foreigners and Other certified organization are required to sign the memorandum of society.
The General Body of a society comprises all the members who have signed to the memorandum of the organisation.
The fee amount required to be paid is Rs.300/- per annum..
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