SOCIETY REGISTRATION AND FORMATION

Forming a legal society is of utmost importance. It helps society owners to reap unlimited benefits and maintain smooth functioning. It is mandatory for developers to create societies and provide a final handover to the owners. However, many developers do not comply with these procedures and hence flat owners lose that added benefit that a legal society enjoys.

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.
We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

Our specialized services include:
Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

*SOCIETY FORMATION AND HANDOVER
60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.

When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow

Applications for Name to be reserved for Proposed Society’s
Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
Application form “A” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.

If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar

When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment] are handled by Treasure when Billing Clerk or Accountant are not been kept.

*DUTIES AND RESPONSIBILITIES OF THE MANAGING COMMITTEE OF COOPERATIVE HOUSING SOCIETY:-
Putting a board displaying name of the society, full address with registered survey No. and Registration No. near the main gate of the society which could be seen easily.

To raise funds for the society.
Recommend to the society for deciding maintenance fee, repair and deposit amount.
To give membership, pass the resignation of members similarly to take decision regarding nomination of the members.
Internal inspection of the flat.
To take decision on the various applications received from the members.
To take action against the defaulting members.
To issue Share Certificate to the members.
To call monthly meeting of the committee and finalize its minutes.
To determine agenda of the annual meeting and to call Annual Meeting in prescribed period.
To organize special general body meeting as required.
To make arrangement of election for the formation of a new committee before expiring the term of the managing committee.
To select office bearers by forming the new committee after election.
After taking charge of the office by the members of the managing committee,it is obligatory on them to execute bond under Section 73(1) (1AB) in M-20 (bond paper of Rs.100/- and each separately on the cost of the society) and to include the same in the record of the society. Similarly, the responsibility to inform the concerned Registrar in the regard is entrusted with Secretary.
It is necessary to take detailed note of taking charge, handover of record with its detailed list of the record received in the minutes of the managing committee meeting. Thereby the record regarding exactly which files received in whose possession and on which date is available with the society permanently.
To fill up the vacant post in the managing committee as per provision in the bye-laws and Rule No. 60(5) of Maharashtra Co-operative Rule 1961.
To accept the resignation of the members of Managing Committee.
To keep neatly the files of members and society records.
To finalize the financial statement of the society within 45 days at the end of the financial year.
To submit society’s record for Audit.
To make available papers mentioned in Section 32 as per members demand.
To take decision as per provisions in by laws and laws on the complaints received from the members.
To give necessary information to the members if he contacted society for selling of the flat and co-operate him for selling as per provisions in by-laws and laws.
To take decision on the applicant regarding letting of the flat and inform the same to the concerned member within prescribed time limit.
To make agreements as necessary on behalf of the society.
To take necessary action for keeping the property of the society in order.
To take insurance policy of the building and property of the society.
To give approval for change in utilization of flat.
To inspect flat of the member internally by taking prior appointment for the purposes of leakage/structural audit etc.
To initiate action as per provision in law if the member makes hindrance in internal inspection.
To sanction the amendments in laws, rules, bye-laws suggested by the government from time to time with the approval of the general body meeting.
It is obligatory on the part of the government to give details of the bill/bifurcation and also as per which resolution/ bye- law if the members demand so.

It is obligatory on the part of the society to accept less amount paid by the member than the amount shown in the bill and it is necessary to give receipt of thereof.

There is a provision in the sub-rule about how much maximum interest to be charged. However, it is necessary to make resolution in the general body meeting about charging interest.

By doing structural audit of the bui
lding, necessary repairs should have been carried out with the approval of the general body meeting.
If the society does not have funds and if any member is ready to do leakage work on his own cost, then to form the rules in that regard and take approval of the general body meeting for the same.

To submit the fault rectifying report in ‘O’ form by rectifying the faults in the audit report, within three months to the Auditor and to send its copy to the Registrar.