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How to Register Association of Persons

MIHIR PAREKH (17 Points)

13 March 2021

Companies in India gets registered with MCA, AOP in India gets registered with?

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CA. Sourav Sarkar (Chartered Accountant ) (24588 Points)
Replied 13 March 2021

For a fact, whether it is a BOI or AOP, the purpose for which you are incorporating it does matter by reason that registration procedures do vary as the applicable law (Act under which you shall register) varies as well.

If it for a profitable or profit oriented activity, the BOI or AOP would have to be registered as a partnership firm or a private company.

However, if it is for a non profitable activity, the registration comes under the Societies Registration Act, 1860.

The registration of a firm or Pvt company being more popular, I am going with the registration for non profitable purposes. The steps are follows:

Select a name:. Be sure to not choose a name that is similar to that of another society under the Act or represent patronage of any government or be barred from usage by the Emblems and Names Act, 1950.
Prepare the Memorandum of Association and rules and regulations: Prepare the Memorandum of Association containing the following clauses:
Name clause
Registered Office clause
Objectives clause
General body clause
Executive body members/ office bearers clause and list
This should be signed by the founding members and witnessed by a chartered accountant or notary public or a gazetted officer or advocate.

Submit all the above documents along with the following:

a. A covering letter requesting the registration of the society which shall be signed by a the founding members.

b. A certified copy of the duly passed resolution for the registration of the society.

c. Minutes of the meeting.

d. Declaration by the president of the society.

e. ID proof as address proof of members.

All these documents shall be filed with the concerned Registrar of Societies in the respective state ( where you want your AOP registered) along with a few that is specified by the State Government (generally about 50 rupees). 9n being satisfied with the documents filed and the terms and conditions of the organization, he may certify to deem your organization to be registered as a society (which usually takes about 30 days).