Society act
What is the eligibility to form a society?
By  Alankrita Singhal  |  22 Jul 2016  |  Upvotes: 0  | 

1 Answer(s)

Deepika Gill

Apart from individuals the following persons are also eligible for subscribing to the memorandum of the society:

•Foreigners: foreigners can subscribe to the memorandum of the society.

•Partnership firm: The position of Partnership firm regarding its eligibility to subscribe to the memorandum of the society is not clear from provisions of the Partnership Act 1932, Societies Registration Act 1860 or any other judicial decision. However simple analogy can be drawn by keeping in view the provisions of Sec 25(4) of Companies Act, 1956 which permits a partnership firm to become a member of a Section 25 company and provides that the firm may be a member of any association or company registered under the provisions of the Companies Act 1956. However on dissolution of the firm, the membership of the firm to such an association or company will lapse. Therefore drawing a parallel from the above, we may deduce that a partnership firm may subscribe to the memorandum of society.

•Limited company: Company can subscribe to the memorandum of society •Registered society: A registered society can subscribe to memorandum of association of proposed society.

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