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GANAPAVARAM   11 August 2022

Query on socities registarion act

My client is a registered society under scities registration act 2001 of A.P.. The society consists of 7 members who are also executive commitee members. Thus in total there are seven ,embers only. Recently the vice oresident passed away in july 2022. When the committee meeting was convened and a new vice president and new executive commmittee member was elected. When the resolutions were submitted to socities registrar, they refused saying that since the number of members were below 7 on date of meeting it is defunct society.

My question is under section 18 of socities registration act, the society has perpetual succession. If so how the registrar can say the number is below 7 since the legal heirs automatically step in

Is the registrar justified

Kindly advice

Thanks



Learning

 1 Replies

Swadha   12 August 2022

Section 18 in the Co-operative Societies Act, 1912

Societies to be bodies corporate.—The registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purposes of its constitution.


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