AMENDMENT IN SOCIETY

The registered society can make amendment in its rules & regulation as well as in memorandum of the society by submitting the application with the signature of the General Secretary or President. The amendment shall be approved by the Registrar of Society.

Requirements

Duly registered organization under Society Registration Act.

Documents and information we need

• Name, address and status of applicant, the district/ ward circle where assessed/PAN number.
• Audited Balance Sheet, Profit & Loss Account or Income & Expenditure Account for the period since its inception.
• Formation documents like Rules & Regulation, Memorandum of Association etc. and registration certificate.
• Name & Addresses of the persons managing the affairs of the association or institution, including those who left the organization but were managing the affairs of the association or institution since its inception.
• Updated Membership Register.
• The Proposal which has been adopted by the General Body Meeting.
• An affidavit to the effect by the Secretary and the Chairman of the society that the provision of the section 12 of the S.R. Act. 1860 have been compiled with in the letter and spirit and also that there is no dispute in the Society.
• Minutes Book of the Governing Body/Managing Committee.
• Proof of service of agenda/notice to the members of the Governing/General Body.
• Updated Minutes Book of the General Body.
• Comparative Statement of existing provisions and amended provisions.
• Signed Authority Letter

AMENDMENTS IN TRUST

Many of us who wish or already have formed a Trust are not well versed with the process of its formation,  execution etc. We often make mistakes while drafting the Deed and later realise that some points need to be amended. If we realise these facts before the Registration of the Trust with the Charity Commissioner you still have a good chance to make necessary changes and amend the same by either Drafting a Fresh Trust Deed or by attaching an amended Substitute Trust Deed. But what if we have already Registered the Trust Deed with the Charity Commissioner and thereafter realise that some changes are required in one/ more clause than what? How can one go ahead making this change.

Many a times when you go for registration for 12AA (to exempt income of the Trust)  and 80G ( for donor to avail tax benefit) under Income Tax Act the officer may reject registration since certain object clauses may not be of charitable nature in accordance with the Income Tax Act. So at that time you will be required to amend and make certain changes/removal in the object clause as directed by the Income tax officer and necessary changes are to be done in the Trust Deed with the Charity commissioner office. This article will help you all to understand the process of how you can make amendments in the Registered Trust Deed with the Charity Commissioner.

Following is the process to make the Changes/ Remove/ Add any Object Clause etc to the Trust Deed that has already been registered with the Charity Commissioner:

• First and foremost one has to adopt the scheme laid down by the Charity Commissioner for such kind of changes / rectifications. The process is time consuming and requires proper legal guidance so that one can save time, money and efforts.
• Once you decide to adopt the scheme the same is to be communicated to all the trustees in a meeting and the minutes of that meeting are to be noted and the scheme is to be proposed for the required changes to be made ie, either changes/ removal/ addition in the clause and the same is to be stated with appropriate reason. After which time is to be given for all the trustees to mutually agree for the same and provide their approval in the next meeting after which the Board shall pass the required resolution in written form. Affidavit for the same is to be made and a joint consent of all the trustees is also required.
• Once all the documentations are ready the same is to be submitted with the charity commissioner at the date of appointment and Acknowledgement of the submission can be taken
• If you get the order date than you can collect the order on the date given to you with the necessary amendments in the Trust Deed. If you are asked other documents the same are to be submitted as per the date and time given to you for the next hearing. This entire process take approximately 7 to 10 days time depending on factors like- Documentations are correctly submitted, the scheme is appropriately and efficiently draft, the hearings that are held and if you are able to convince the Charity commissioner that the scheme is applied for the better management and administration for the smooth functioning and managing the day to day affairs of the Trust.