by Dissolution of Societies in India is governed by the Societies Registration Act, 1860, along with amendments and provisions specific to various states. The process of dissolution and the subsequent handling of the society’s assets are guided by legal procedures to ensure that any remaining assets are utilized according to the society’s objectives or as directed by law.
Decision to Dissolve:
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Resolution for Dissolution:
The dissolution process typically begins with the society’s members or governing body deciding that the society should be dissolved. This decision is usually made through a resolution passed by a specified majority (often three-fourths) of the members present and voting at a general meeting convened specifically for this purpose. The requirement for such a resolution ensures that the decision is made democratically.
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Notice of Meeting:
Proper notice of the meeting, specifying the intention to propose dissolution, must be given to all members as required by the society’s by-laws or the applicable law.
Disposal of Assets:
Upon deciding to dissolve, the society must settle its debts and obligations. The remaining assets, if any, should be disposed of according to the society’s charter or bylaws, or as agreed by the members during the dissolution process, but within the constraints of the Societies Registration Act and any relevant state laws.
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Payment of Liabilities:
The society’s liabilities and debts are to be cleared first. This ensures that creditors’ rights are protected during the dissolution process.
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Distribution of Assets:
What happens to the society’s remaining assets is usually determined by the society’s by-laws or the members’ resolution. Typically, assets must be transferred to another society or organization with similar objectives, or as directed by the governing statute or the court. Direct distribution of assets to members of the dissolved society is generally prohibited to maintain the non-profit nature of societies.
Legal Formalities:
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Filing with the Registrar:
The decision to dissolve and the final settlement of affairs often need to be filed with the Registrar of Societies. This may include a final financial statement and a report on how the assets were disposed of.
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Revocation of Registration:
The Registrar, upon satisfaction that all required steps have been taken and legal obligations met, may formally revoke the society’s registration, legally confirming its dissolution.
Special Considerations:
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Statutory Requirements:
The specific procedures and requirements for dissolution may vary depending on the state in which the society is registered, as states can have their amendments to the Societies Registration Act, 1860.
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Tax Obligations:
Societies must also ensure that any pending tax obligations are fulfilled, including the submission of final tax returns.
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Legal and Financial Advice:
Given the complexity of dissolution, especially for societies with substantial assets or liabilities, it is advisable to seek legal and financial advice to navigate the process compliantly and effectively.
