We’ve discussed 6 simple steps on how to form an Alumni Association in the previous article. Registering an Alumni Association involves several legal and administrative steps. Here are the key legalities of forming an Alumni Association under the Societies Registration Act, 1860.
Legal Structure
Alumni Associations are generally registered as “Not-for-Profit Organisations” or as “Societies” under the Societies Registration Act, 1860 — providing tax benefits and legal recognition.
Advantages of Registering as a Society
- Simple registration process
- Straightforward record-keeping with minimal regulatory requirements
- Low likelihood of regulatory interference
- Tax exemption due to the charitable nature of operations
Registration
Registration can be done at the State level (office of the Registrar of Societies) or at the District level (office of the District Magistrate or local Registrar of Societies).
- A minimum of seven persons are required to subscribe to a Memorandum of Association (MOA) to register a society
- Select members and constitute a Managing Committee to oversee the association’s activities
Documents Required
- Memorandum of Association (MOA) and Rules & Regulations
- Consent letters from all Managing Committee members
- Authority letter duly signed by all Managing Committee members
- An affidavit sworn by the President or Secretary on non-judicial stamp paper of ₹20, along with a court fee stamp
- A declaration by Managing Committee members stating that the society’s funds will be used solely to further its aims and objectives
Memorandum & Rules of the Society
The Memorandum should include:
- The name of the society
- Its objectives
- Names, addresses, and occupations of the subscribing members and the first governing body to be constituted on registration
The MOA must be accompanied by Rules and Regulations covering:
- Procedures for enrolling and removing members
- Formation of the governing body, conduct of meetings, election and removal of office bearers
- Procedures for conducting annual general body meetings
The society has perpetual existence and a common seal, and can sue or be sued in the name of the office bearer as prescribed under its rules (Sec. 6) — enabling effective participation in public life.
The general body meeting of members holds democratic control over the governing body’s composition and acts (Sec. 12 & 15 of the Act).
Alteration, extension, or abridgment of the association’s purpose — or any decision on amalgamation — requires approval by three-fifths of members present at a specially convened meeting with due notice (Sec. 12 of the Act).
Dissolution of the society requires similar approval (Sec. 13 of the Act).
All documents filed with the Registrar are open to public inspection (Sec. 17 of the Act), ensuring transparency and democratic accountability.
Members found guilty of offences against the society’s property are punishable with imprisonment or a fine (Sec. 10 of the Act).
While the Central Act limits governmental control to routine matters such as filing annual statements, several state legislations provide for wider governmental oversight to address misuse. These measures may include:
- State’s power of inquiry
- Investigation, surcharge, and cancellation of registration
- Supersession of the governing body
- Appointment of administrators
- Dissolution and removal of defunct societies
If you have any further questions or need legal guidance on forming your Alumni Association, it is recommended that you consult a Chartered Accountant.
Looking to go beyond the legalities and build an alumni association that actively drives value for your institution? Write to us at hello@hoopstr.ai or reach out at +91 9666 131 555.
