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Frequently Asked Questions

How to form a `Trust'? 
Ans. -a) A trust can be formed as per Section 4 of Indian Trust Act 1982 for a lawful purpose; 
b) A trust should have a document written and signed by trustees or a sole trustee; 
c) A trust can be formed through a will also; 
There is no definite form to create a trust. Objectives of the trustee should be clear and unambiguous;

Who can form a trust?
Ans. -The following can form a trust under Sec.7 of the Indian Trusts Act 1882:
a) A person capable of making contract can form a trust; 
b) Trust can be formed on behalf of minor with permission of Civil Court.

Can the defects in the trust be cured by amendment?
Ans. -Yes, amendment can be made a rectification or supplementary deed.

Is there any address proof required for Trust Registration?
Ans. - No. Only basic detail are required. Trust name , Ngo address , minimum 3 body members (name, address, age, occupation )

What is the minimum number of people to form a society or an Association?
Ans. - A minimum 8 persons who have attained the age of 18 years can form a society or an Association.

How much time it will take for Society Registration?
Ans. - 
It will take one months

Which documents are required for Society Registration?
Required document for Society Registration of all members any one copy of UID Card, voter card , Driving license, Pass Port ,

For what purpose a society/association be formed?
Ans. - Association could be formed for the following purposes:
1. Religious;
2. Educational, art and religious;
3. Sports;
4. Knowledge of commerce and industry;
5. Political education training;
6. Maintaining Library;
7. Collection/preservation of historical monuments, technical and philosophical research.

What are the documents to be filed for registration of a society?
Ans. - (a) Application
(b) Proceedings of the first meeting
(c) Memorandum of Association
(d) List of members of Executive Committee with name, address, occupation, age and signature.
(e) Bye-laws of the Association.

What should not be there in the name of the society?
Ans. - The name shall not be
1. Similar to one already existing
2. Name prohibited or registered by State or Central Government
3. Indian Institute or University

What is the fee to be paid for filing of accounts for approval?
Ans. - 1. For every One lakh rupees of the amount of income and expenditure or part thereof Rs.100/-
2. Half of the fees mentioned above is payable for Associations belonging to SC/St and women.

Can memorandum, byelaws of society be amended? If so, what is the procedure?
Ans. - Memorandum can be amended by approval in a special General Body Meeting called for the purpose after giving due notice and by approval another special General Body Meeting called after 30 days again. Byelaws can be amended by approval of majority of members in Special General Body Meeting. Such amended byelaws shall be filed with the Registrar within one month.

What are the books of accounts to be maintained by a society?
Ans. - Generally the following books of account to be maintained by the society on Single Entry/Double Entry basis are:
1. Cash Book/Bank Book giving the daily receipts
2. Voucher files
3. Ledgers
4. Receipt books

What do you means by 'Forthwith' Under Section 13 for dissolution of a society under the Societies registration Act 1860?
Ans. - 'Forthwith' according to the dictionary means, 'immediately, at once, without delay or interval'. In Bidya Deb Burma Vs District Magistrate Tripura, Agartala AIR 1969, the court interpreted from the case of Keshav Nilakanth Joglekar Vs Commissioner of Police Greater Bombay, (the Constitution Bench of Supreme Court) that "When a Statute requires that something shall be done 'forthwith' or 'immediately' or even 'instantly', it should probably be understood as allowing a reasonable time for doing it".
Therefore 'Forthwith' does not mean a precise time but should be within a reasonable time without avoidable and unreasonable delay.

How can a society be dissolved?
Ans. - A Society can be dissolved by:
1. Its members,
2. The Registrar,
3. The Court or
4. By the Government.

Can memorandum, byelaws of society be amended? If so, what is the procedure?
Ans. - Memorandum can be amended by approval in a special General Body Meeting called for the purpose after giving due notice and by approval another special General Body Meeting called after 30 days again. Byelaws can be amended by approval of majority of members in Special General Body Meeting. Such amended byelaws shall be filed with the Registrar within one month.

What are the books of accounts to be maintained by a society?
Ans. - Generally the following books of account to be maintained by the society on Single Entry/Double Entry basis are:
1. Cash Book/Bank Book giving the daily receipts
2. Voucher files
3. Ledgers
4. Receipt books

Q. When an organization can apply for registration under section 12A and BUG of Income Tax Act?
A. Application for registration under section 12A and 80G can be applied just after registration of the NGO.
Where to apply for registration under section 12A and 80G of Income Tax Act?
Application for registration under section 12A and 8OG can be applied to the Commissioner of Income-tax (Exemption) having jurisdiction over the institution.

Can both the applicatlons under section 12A and 80G of Income Tax Act be applied together?
No ! application for registration u/s 12A will be applied first. Getting 12A registration is must for applying application for registration
Then applying for registratoin u/s 80G of Income Tax Act.

Generally what is the timeline for getting registration under section 12A and 80G of Income Tax Act?
If application for registration under section 12A and 80G will be applied through NGO Factory, it should take 3 to 4 months.

What is FCRA ?
Ans. -
Foreign contribution regulation act.

Which benefit we will get after FCRA Registration?
Ans. -
After FCRA registration you will get the foreign contribution or grant
 Passport Photo of all the body members is required?
Ans. -
yes

 Why we have to open new account for FCRA registration?
Ans. -
You have to open account for currency conversion.

If we don't have an NGO pan card then we have to prepare pan card or not?
Ans. -
Yes you have to apply for new pan card 

How much time it will take for FCRA registration?
Ans. -
It will take maximum 6 months

Who will do the Investigation?
Ans. -
Investigation done by Crime Branch Department
Where we have to submit the documents for FCRA registration?
Ans. -
Ministry of Home Affairs in Delhi.

You will submit the documents & take follow up or we have to do?
Ans. -
we will submit the documents in Delhi as well as take follow up.

For FCRA is necessary to have completed 3 years for NGO?
Ans. -
Yes, Your NGO should have completed minimum 3 year.

 How much expenditure we have to show in audit report?
Ans. -
You have to show minimum 12 lacks expenditure (only last Three year).

Q.1 What is a multi state co-operative society?
The co-operative societies, with objects not confined to one state and serving the interests of members in more than one state for social and economic betterment of its members through self-help and mutual aid in accordance with the co-operative principles are considered Multi State Co-operative Society.


Q.2 How many types of multi state co-operative societies are there?
Multi State Co-operative Societies are of several types Credit Co-operative Society, Housing Co-operative Society, Farming Co-operative Society, Dairy Firm Multi State Co-operative Society, Solar Credit Co-operative Society, Multi State Multi Purpose Co-operative Society, Transport Co-operative Society and many more


Q.3 What is a Credit Co-operative Society?
In Credit Co-operative Society, you can do all finance related work. You can accept deposits from members and give loans to members on a particular interest rate.


Q.4 What is a Housing Co-operative Society ?
In Housing Co-operative Society,you have the following benefits. To promote, form, register, housing co-operative societies or limited companies or other incorporated bodies or association of the purchasers or allottees of flats, garages, or other tenements and to pay out of the funds of the company all expenses with respect to the promotion, formation and registration of such societies, limited companies or other incorporated bodies or such association and to buy, sell, lease, construct, repair, manage land and buildings for and on behalf of co-operative societies or limited companies or in corporate bodies or such associations. To make out, construct, lay down, prepare and maintain gardens, parks, roads, streets, sewers drains and public conveniences with power to dedicate such gardens, parks, roads or streets for their public purposes.


Q.5 How much time do we take for a multi state co-operative society to be registered?

Generally it takes 4-6 months for a multi state co-operative society to be registered after the submission of documents in the ministry. Sometimes it can be done earlier also provided the documents required for registration are made available to us sooner.

Q.6 What are the requirements for registration of a Multi State Co-operative Society?

Please download the following forms- Form 1 Form 2 In Form 1,we need the details of minimum 50 members from 2 states each with their signatures.You can take its separate printouts but please keep the sets of different states separate. You can keep more number of states but each additional state require details of minimum 50 members. In Form 2, we need the names of all the members with their signatures.Please note : In Form1 and Form2, everything can be computer written except the signatures.




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