Section 2 of the Societies Registration Act, 1860: Memorandum of Association

Section 2 of the Societies Registration Act, 1860 specifies what a society's memorandum of association must contain and requires a certified copy of its rules and regulations to accompany it. These documents identify the society, its purposes and the persons entrusted with its management.

Text of Section 2 - Memorandum of association

Meaning and purpose of the memorandum

The memorandum of association (MOA) is the founding document setting out the society's name, its stated objects and the particulars of its governing body. The rules and regulations establish how its internal affairs are to be administered, including membership, meetings, elections and decision-making, subject to the applicable law.

Mandatory particulars under Section 2

1. Name of the society

The memorandum must state the proposed name. Availability, restricted expressions and naming requirements should be checked against the rules and instructions of the competent Registrar in the relevant State or Union Territory.

2. Objects of the society

The memorandum must describe the society's objectives clearly. The objects should be consistent with the purposes for which societies may be formed under Section 1 read with Section 20, as applicable.

3. Details of the governing body

The memorandum must identify the names, addresses and occupations of the governors, council, directors, committee or other governing body responsible for management under the society's rules. Section 16 defines the expression "governing body" for the purposes of the Act.

Certified rules and regulations

Section 2 separately requires a copy of the society's rules and regulations to be filed along with the memorandum. At least three members of the governing body must certify that the copy is correct. This statutory certification requirement should not be confused with any additional signature, witness, affidavit or document requirements imposed by applicable State rules or registration procedures.

How Section 2 relates to registration

Section 1 addresses formation of a society through subscription to a memorandum and filing it; Section 2 prescribes the memorandum's essential contents and accompanying certified rules. Section 3 concerns registration and fees. The actual filing authority, forms, fees, eligible purposes and procedural requirements can differ according to State or Union Territory amendments and rules.

Practical checklist before filing

• Confirm that the proposed name meets the applicable local naming requirements.
• State the objects accurately and consistently in the memorandum and rules.
• Include each required governing body member's name, address and occupation.
• Attach a correct copy of the rules and regulations certified by at least three governing body members.
• Check the relevant Registrar's current State or Union Territory procedures, prescribed forms, fees and supporting documents.

Official legal resources

Consult the India Code official legislation database for the central Act and amendments, and the Legislative Department, Government of India for legislative resources. For registration, also verify the applicable State or Union Territory legislation, rules and Registrar's official instructions.

Note: The explanation above describes Section 2 in the central Act's general form. State amendments or separate local societies legislation may alter the requirements in a particular jurisdiction.