Comprehensive Compliance Guide for Registered Societies in Kerala (Updated 2025 Act)
1. Internal Governance & Administrative Requirements
These are the foundational governance tasks required before initiating any external statutory filings with the government:
Update Statutory Registers
Ensure the Register of Members, Minute Books (for both General Body and Executive Committee), and Books of Accounts reflect all recent activities accurately.
Finalize Financial Accounts
Prepare the Balance Sheet, Income & Expenditure Account, and Receipts & Payments Account for the financial year ending March 31.
Conduct Statutory Audit
Under Section 18(3) of the newly enacted Kerala Societies Registration Act, 2025, every society must have its accounts audited annually by a duly qualified Chartered Accountant. Crucial Update: A specific exemption now exists for smaller entities; if a society's annual income is less than Rs. 2 lakh, the accounts may be audited by a member other than a governing body member.
Convene the AGM
Present the audited accounts, CA report, and annual activity overview to the General Body for formal approval. Timing must be as prescribed by the specific bye-laws, but the interval between two AGMs cannot exceed fifteen months without special Registrar approval.
2. State-Level Filings (Registrar of Societies)
State compliance in Kerala requires mandatory electronic submissions via the Kerala Government's eGroops portal. The 2025 Act has slightly shifted the statutory timelines:
- File the Governing Body Roster & Financials: Under Section 19 of the Kerala Societies Registration Act, 2025, the updated list of names, addresses, and occupations of the current managing committee members, along with the audited financial statements, must now be filed within 21 days of the Annual General Meeting (an update from the prior 14-day rule).
- Registered Office Changes: As per Section 10(2), any change in the location of the registered office must be informed to the Registrar within 21 days from the date of such change.
- Report Institutional Changes: Any structural resolutions passed at the AGM, such as bye-law amendments (Section 12) or memorandum alterations (Section 11), must be formally filed within 30 days of the resolution being passed.
3. Central Compliances (Income Tax Department)
Maintaining clear records with the Central Government is essential to preserve charitable tax exemptions (Sections 11 and 12) under the Income Tax Act, 1961:
- Execute Income Tax Audit: If gross receipts (prior to exemptions) exceed Rs. 2,50,000, a CA must electronically file the statutory audit report using Form 10BB or Form 10B. The deadline is exactly one month prior to the ITR deadline, typically September 30.
- File Income Tax Return (ITR): Submit ITR-7 on the official IT portal. The deadline is October 31 for audited entities, and July 31 for non-audited entities.
- Track 12A & 80G Certification Validity: Monitor the 5-year expiration cycles. Renewal applications (Form 10AB) must be initiated at least 6 months before expiry.
4. FCRA Compliances (Ministry of Home Affairs)
These compliance rules are applicable exclusively to societies receiving or utilizing foreign contributions:
- File Annual Return: Submit Form FC-4 online alongside the CA-audited statement of the designated FCRA bank account. The deadline for this filing is December 31 annually.
- Nil Return Mandate: A "Nil" Form FC-4 must be filed strictly by the deadline even if zero foreign funds were received or spent during the entire fiscal year.
Statutory Deadlines & Compliance Overview
| Compliance Category | Specific Requirement | Applicability / Threshold | Statutory Deadline |
|---|---|---|---|
| Internal Governance | Finalize Accounts & Hold AGM | All registered societies | As per society bye-laws (Max 15 months between AGMs) |
| State (eGroops) | Society Statutory Audit | All societies (CA required if income > Rs. 2 Lakhs) | Prior to AGM & state filing |
| State (eGroops) | File Governing Body List & Financials | All registered societies | Within 21 days of AGM (As per 2025 Act) |
| Central (Income Tax) | Income Tax Audit (Form 10B/10BB) | Gross receipts > Rs. 2,50,000 | September 30 |
| Central (Income Tax) | File Income Tax Return (ITR-7) | All registered societies | Oct 31 (Audited) / July 31 (Not Audited) |
| Central (MHA) | FCRA Annual Return (Form FC-4) | Societies with FCRA status | December 31 |
Frequently Asked Questions (FAQ)
Is a Chartered Accountant mandatory for the statutory audit of every society?
What is the new deadline for filing the governing body list on eGroops?
Do we need to file an FCRA return if we received no foreign funds this year?
- Sources & References:
- The Kerala Societies Registration Act, 2025 (Act 14 of 2025).
- The Income Tax Act, 1961 (Sections 11, 12, 12A, 80G).
- The Foreign Contribution (Regulation) Act, 2010.
