DISCLAIMER TO BE NOTED :- This Information Is Provided By Us, On Our Personal Experience, Issues Till Date, & It Shall Not, In Any Manner, Whatsoever, Deemed As Our Opinion. As This BLOG Is Meant To Be Used As A Guide For Only Informative Purpose, Not As A Replacement For Any Legal Opinion.
STAGES OF SOCIETY FORMATION :-
- FIRST STAGE :- I Shall Assist In :- As Society Formation Process, Is Initiated With The Election Of A Chief Promoter, In A Meeting Of The Promoters. The Builder Under The Flat Owners Type Of Co-Operative Housing Society Has The First Right To Act As The Chief Promoter. The Developer / Flat Purchasers Should Call For A Meeting Of The Promoters By Issuing The Notice Under Agenda Of The Meeting Given At Least 14 DAYS NOTICE To The Promoters. In This Meeting, A Chief Promoter Is Elected Who Can Exercise Such Powers And Carry Out Such Functions As Are Mentioned In The Minutes Of The Promoters Of The Proposed Society. (Draft Shall Be Provided By Me)
- SECOND STAGE :- After Electing The Chief Promoter, The Proposed Name Of The Society Has To Be Decided By The Promoters. Generally, The Name Reservation Proposal Should Be Accompanied By The Signature Of At Least 10 Promoters Who Have Attended The Meeting.
- THIRD STAGE :- AfterFinalization Of Name, I Shall Require The Following Details As Primary Requirement In Order To Prepare The Memorandum Of Society Formation :-
- Full Name Of The Society. – English.
- Full Name Of The Society [4 Additional Names] – English.
- Total Units – Flats + Shops.
- Full And Proper Address Along With Pin Code. – English.
- Chief Promoter Details :- Name / Age / Occupation / Address / Mobile Number.
- Bye Laws – English Or Marathi.
- List Of All Members – Serial No / Floor / Flat Number / Full Name – English. [Builder Purchase & Resale – Presents Members ]
- Society Records – English Or Marathi.
- Date Of Meeting :- _____/______/2021 – Sunday.
- FOURTH STAGE :- Once Details & Required Documents Received, I Shall Prepare The Relevant Application For Society Formation And Hand It Over For Signatures Of Chief Promoter And Members. Once All The File Is Ready, I Shall Initiate With The Society Formation Process.
- FIFTH STAGE :- I Shall Submit Registration Proposal To The Registering Authority & Obtain NAME RESERVATION ORDER & BANK ACCOUNT OPENING ORDER In The Name Of The Proposed Society.
- SIXTH STAGE :- BANK ACCOUNT OPENING ORDER :- After Submission Of Order Permission To Open A Bank Account By The Registrar, The Chief Promoter Has To Collect Share Capital – RS. 500/-, Entrance Fees – RS. 100/- i.e. RS. 600 /- In Total Per Member / Per Flat, From Promoters / Members And Deposit The Same In The Branch Of The Bank Permitted By The Registrar Pune District Co-Operative Bank [PDCC BANK], __ Branch.
- SEVENTH STAGE :- Once Bank Balance Certificate Is Provided By You, Then I Shall Submit To The Registering Authority.
- EIGHT STAGE :- On Fulfillment Of All The Legal Formalities, The SOCIETY REGISTRATION CERTIFICATE Is Issued & I Shall Hand Over The ORIGINAL REGISTRATION CERTIFICATE Along With COVERING LETTER And APPROVED BYE-LAWS Duly Stamped And Signed And Certified By Deputy Registrar.
- NINTH STAGE :- After The Society Is Formed, I Shall Prepare The Notice As Required For FIRST ANNUAL GENERAL BODY MEETING To Be Held Within 3 MONTHS From The Date Of The Registration Of The Society.
MY LEGAL GUIDANCE AFTER SOCIETY FORMATION :- FIRST GENERAL BODY MEETING
PREPARING THE NOTICE & DRAFTING THE MINUTES OF THE FIRST GENERAL BODY MEETING.
- STEP 1 :- After Society Formation, I Shall Prepare The Notice Of The First General Body Meeting.
- STEP 2 :- I Shall Attend The First General Body Meeting.
- STEP 3 :- After Conducting The First General Body Meeting, I Shall Draft The Minutes Of The First General Body Meeting.
- STEP 4 :- Once The Draft Minutes Of The First General Body Meeting Are Finalized By All Members, Then I Shall Submit The Copy Of The Relevant Documents With The Deputy Registrar.
- HANDOVER OF SOCIETY STATUTORY REGISTERS :- As Per Provision Of The Society Bye-Laws & Rules, The Society Has To Keep Following Statutory Register, I SHALL ONLY PROVIDE THIS REGISTERS, As They Have To Further Complied By The Society (Most Promoters Do Not Provide This).
- I Register – The Register Of Members In “I” Form Under Rule 32 Of The MCS Rules 1961.
- J Register – The List Of Members In ‘J’ Form Under Rule 33 Of The MCS Rules 1961.
- Share Certificate / Share Register / Nomination Register.
- General Body Meeting Minutes Book & Managing Committee Meeting Minutes Book.
- Any Other Relevant Society Statutory Registers, As Per Legal Requirements
- PLEASE NOTE : –
- All Member Are To Be Informed About First General Body Meeting. The Notice To Each Member To Be Given In Writing Before 15 Days Of The Date Of Meeting & All So Display On Notice Board Of The Society. In The Notice The Member Should Be Inform To Contest For The Post Of Working Committee Member & Call For Nomination For The Post Working Management Committee. All Members Should Be Given Notice On The Letter Head Of The Society And 1 Copy To Deputy Registrar – Departmental Officer’s For Information & Presence.
- All Members Signatures Should Be Taken On The AGM Book. For Decisions Taken In Meeting Proposed By & Second By Named Should Be Noted Along With Passed By Majority And Unanimously Or If Voting Is Done The With How Many Votes After Discussing All Point The Meeting Should Be Terminated With Vote Of Thanks. After Prepared Final Draft Of Minutes Of Meeting, To Take Sign Of Deputy Registrar Govt. Officer Of Co Op Dept. Who Attend The Meeting Or Whose Name In Latter.
- As Per Rules, The First General Meeting, Within Three Months From The Date Of Registration Of A Society, The Chief Promoter Thereof, Shall Convene The First General Meeting Of All Persons Who Had Joined In The Application For Registration Of The Society. Where The Chief Promoter Fails To Convene The Meeting As Aforesaid, It Shall Be Convened By Any Person Authorized In That Behalf By The Registrar.
- At The First General Meeting, The Required Business Be Transacted :-
- Election Of A President For The Meeting. Admission Of New Members;
- Receiving A Statement Of Accounts And Reporting All Transactions Entered Into By The Promoter Upto 14 Days Before The Meeting.
- Constitution Of A Provisional Committee Until Regular Elections Are Held Under The Bye-Laws. The Provisional Committee Shall Have The Same Powers & Functions As The Committee Elected In Accordance With The Bye-Laws; (V) Fixing The Limit Up To Which The Funds May Be Borrowed;
- Any Other Matter Which Has Been Specifically Mentioned In The Bye-Laws. Also It Is Obligatory That The Agenda Of The First General Body Meeting After Registration Should Be As Per Bye-Laws : To Elect A Chairman For The Meeting. To Admit Persons To Membership Who Have Applied For Membership Of The Society. To Elect A Provisional Managing Committee.
TENTATIVE DOCUMENTS REQUIRED FOR SOCIETY FORMATION :-
- 7/12 EXTRACT (LATEST WITHIN PERIOD 3 MONTHS) / OWNERSHIP PHERPHAR – MUTATION ENTRY.
- COLLECTOR N. A ORDER [NON – AGRICULTURE ORDER OF COLLECTOR].
- U.L C ORDER [IF APPLICABLE URBAN LAND CEILING ORDER BY THE COMPETENT AUTHORITY].
- RERA CERTIFICATE – IF APPLICABLE.
- ENVIRONMENTAL CLEARANCE – IF APPLICABLE.
- BANK NOC – LOAN CLEARANCE – NO DUES FOR PROJECT – IN CASE OF BANK LOAN – APF.
- REGISTERED DEVELOPMENT AGREEMENT / SALE DEED BETWEEN LAND-OWNERS & DEVELOPER.
- POWER OF ATTORNEY GIVEN BY LAND- OWNERS TO THE PROPERTY DEVELOPER.
- PARTNERSHIP DEED AND PAN CARD OF PARTNERSHIP FIRM.
- SAMPLE COPY OF BUILDER – FLAT PURCHASER AGREEMENT.
- COPY OF SEARCH REPORT FOR LAST 30 YEARS FROM ADVOCATE.
- PLANNING AUTHORITY :- [ PUNE MUNICIPAL CORPORATION ]
- IOD – INTIMATION OF DISAPPROVAL / COMMENCEMENT CERTIFICATE [REVISED AND ALL].
- COMPLETION CERTIFICATE [PART AND ALL].
- ALL SHEETS :- SANCTIONED LAYOUT PLAN / BUILDING FLOOR PLAN [REVISED AND ALL].
- COPIES OF ALL FLATS & RESALE INDEX II [FOR PROOF OF SD & REG FEE].
- FINAL – LIST OF ALL MEMBERS.
- LEGAL ADVISOR – APPOINTMENT – AUTHORITY LETTER.
- LIST OF MEMBERS – NAME OF MEMBER, FLAT / UNIT NO., FLOOR, AREA, HAVELI REGISTRATION NO AND STAMP DUTY, REGISTRATION FEES PAID DETAILS.
- ARCHITECT’S CERTIFICATE – CERTIFYING THE PROJECT LAND AREA AND FLAT AREA AND CONSTRUCTION COST DETAILS [EMPLANED ARCHITECT – ORIGINAL REPORT – 2 COPIES].
- ANY OTHER SUCH RELEVANT DOCUMENT / PAPER AS MAY BE REQUIRED BY THE CONCERNED AUTHORITY IN DUE COURSE OF TIME.
