DRAFTING OF MEMORANDUM OF ASSOCIATION
Generally, the memorandum should contain the following parts/clauses:
1. Name of the society,
2. Principal place of its office,
3. The objects for which the society is established,
4. Names, addresses, occupations of the Governors, Council by the rules of the society, management of its affairs is entrusted; and
5. Names, addresses, and full signatures of the seven or more persons subscribing their name to a Memorandum of Association. The signature of the subscribers should be duly witnessed and attested.
In Maharashtra, the memorandum of association of society should contain the following declaration signed by seven or more persons associated with it:
“we, the following persons being desirous of forming ourselves into a society under the Societies Registration Act, 1860 have subscribed our names to this memorandum’.
Such a declaration should be signed by the seven or more persons associated with the society and it should be dated.
Drafting of Rules and Regulations
The rules and regulations of the society are framed to guide the members of the governing body or the persons entrusted with the management of the society to regulate the functions of the society and for its internal management. The rules help the management in carrying out the objects of the society. They are binding on the members of the society as well. Rules which are inconsistent with the provisions of the Act are inoperative although registered with the Registrar of Societies.
The signing of Memorandum of Association
All the subscribers (minimum seven) should sign each page of the memorandum and the signatures should be witnessed by an Oath Commissioner, Notary Public (Rs. 3/- Notarial stamp duly affixed), Gazetted Officer, Advocate, Chartered Accountant or Magistrate 1st class with their rubber/official stamp and complete address.
Note: An illiterate person may put his thumb impression which should be described as LTI or RTI by a person who should also put the name of the subscriber and attest it by his own signature. An endorsement to the fact that the contents of the document have been explained to the subscriber should also be given.
Persons desirous of forming a society should also become members of the first governing body. An outsider cannot become a member of the governing body in the first instance.
Signature on Rules and Regulations
The Rules should be signed by at least three members of the governing body
Following certificate should be given at the end of the rules and regulations:
“Certified that this is the correct copy of rules and regulations of the society.”
Sd/- Sd/- Sd/-
(President) (Secretary) (Treasurer)
DOWNLOAD SAMPLE PDF OF MEMORANDUM OF ASSOCIATION at the link below:
