Sections 8-9 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 8 provides that the Central Registrar issues a signed certificate of registration, and that this certificate is conclusive evidence that the society is duly registered. Section 9 says what registration does: the society becomes a body corporate with perpetual succession and a common seal, able to hold property, make contracts and sue and be sued, and good-faith transactions made before registration count as its transactions afterwards.
Both sections are read as per the Ministry of Cooperation copy of the Act read with the Multi-State Co-operative Societies (Amendment) Act, 2023. Neither was amended in 2023, but the new section 120A(2) lets the Central Registrar issue the certificate in electronic form. If you are choosing between a co-operative society and a company, our producer company registration service covers the company side of the comparison.
On registration the Central Registrar issues a certificate signed by him, which is conclusive evidence that the society is duly registered, unless it is proved that the registration has been cancelled (s.8). Registration makes the society a body corporate by its registered name, with perpetual succession and a common seal, and power to acquire, hold and dispose of property, contract, and sue or be sued (s.9(1)). Good-faith transactions before registration are deemed its transactions afterwards (s.9(2)). Neither section was amended in 2023.
Section 8: the certificate of registration
Section 8 reads: "Where a multi-state cooperative society is registered under this Act, the Central Registrar shall issue a certificate of registration signed by him, which shall be conclusive evidence that the society therein mentioned is duly registered under this Act, unless it is proved that the registration of the society has been cancelled."
What the section does:
- A duty on the Registrar. The word is "shall", so the certificate is issued as a matter of course once the society is registered. Section 7 (as amended) adds that if an application is deemed accepted because time has passed, "the Central Registrar shall issue the registration certificate". See Section 7.
- Signed by the Registrar. The section asks for a certificate "signed by him". The 2023 Amendment Act's new section 120A(2) says the Central Registrar shall "issue certificate of registration" and register documents "in the electronic form in such manner as may be prescribed", while section 120A(1) begins with the words "from such date as may be notified". The sources contain no notification, so this article says nothing on whether or from when certificates are issued electronically.
- Conclusive evidence. A third party, a bank or an authority dealing with the society can rely on the certificate as proof of due registration. The only exception stated is proof that "the registration of the society has been cancelled". One case of cancellation is covered in section 21 (see Section 21).
Section 9(1): a body corporate
"The registration of a multi-state cooperative society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal, and with power to acquire, hold and dispose of property, both movable and immovable, enter into contract, institute and defend suits and other legal proceedings and to do all things necessary for the purpose for which it is constituted, and shall, by the said name, sue or be sued."
Breaking it up:
| Element | Meaning |
|---|---|
| "Body corporate by the name under which it is registered" | The society is a legal person separate from its members and directors; the name is the registered name (see the name rules in sections 5(2), 13 and 15) |
| "Perpetual succession" | The society continues despite changes in members or directors |
| "Common seal" | The society has a seal; section 15(b) requires its name engraved on the seal |
| "Acquire, hold and dispose of property, both movable and immovable" | It can own assets in its own name |
| "Enter into contract" | It can sign contracts through authorised officers |
| "Institute and defend suits and other legal proceedings" | It can litigate in its own name |
| "Sue or be sued" by the said name | Claims by and against it run in the registered name |
The power is "to do all things necessary for the purpose for which it is constituted". It is tied to the society's objects as stated in the bye-laws (s.10(2)(b)), so an act wholly outside those purposes may be questioned on that ground.
Section 9(2): transactions before registration
"All transactions entered into in good faith prior to the registration of a multi-state cooperative society shall be deemed to be its transactions after registration for furtherance of the objects of its registration."
This protects the promoters who, before registration, pay for printing, rent a room or sign an advance agreement for the society. If the transaction was in good faith, it is treated as the society's own after registration, "for furtherance of the objects of its registration". The sub-section does not say whether the promoters themselves stay liable; it is silent on that.
A practical example
Bhima Fisheries Co-operative, an invented multi-State society, is registered on 10 June. On 20 April its promoters signed an advance for ice storage space, in good faith and for the society's objects. After registration, under section 9(2), that deal is treated as the society's transaction. The society then buys a godown in its own name (section 9(1)), sues a defaulting buyer in its own name and, if sued, defends in the same name. A bank asked to open an account looks at the certificate, which is conclusive evidence of due registration unless the registration is proved to have been cancelled.
If the Registrar had failed to decide within the time allowed under section 7, the deemed acceptance would still require a certificate to be issued. The registration path is set out in the registration process guide.
What the 2023 Amendment Act changed
| Provision | Before | After |
|---|---|---|
| Section 8 | Certificate signed by the Central Registrar; conclusive evidence | No change in section 8; new section 120A(2)(a) lets the Central Registrar issue the certificate of registration in electronic form "in such manner as may be prescribed", subject to the notified date in s.120A(1) |
| Section 9(1) and (2) | As printed above | No change |
The Information Technology Act, 2000 is named in section 120A(1) ("without prejudice to the provisions of the Information Technology Act, 2000"); the reader should check the current law for the corresponding provision.
Need help with registration and incorporation?
Once the certificate arrives, the bye-laws, seal, name display and first bank account all need to follow the Act. If you are still deciding between a co-operative and a company for your group, our producer company registration team can compare the routes and prepare the papers.
Key takeaways
- The Central Registrar issues a signed certificate of registration (s.8).
- The certificate is conclusive evidence of due registration, unless cancellation is proved.
- Registration makes the society a body corporate with perpetual succession and a common seal (s.9(1)).
- The society can own property, contract, sue and be sued in its registered name.
- Good-faith pre-registration transactions are deemed its own afterwards (s.9(2)).
- Sections 8 and 9 were not amended in 2023; s.120A(2) adds electronic issue "in such manner as may be prescribed".
Read next
- Section 7: registration time limit, refusal and deemed registration
- Section 10: bye-laws of a multi-State co-operative society
- Section 21: cancellation of registration certificate
- Multi-State Co-operative Societies Act, 2002: complete guide
Disclaimer: Based on the Ministry of Cooperation copy of the Multi-State Co-operative Societies Act, 2002 read with the Multi-State Co-operative Societies (Amendment) Act, 2023 (in force from 3 August 2023), as consulted on 2 October 2026. The Multi-State Co-operative Societies Rules, 2002 as amended, later notifications and later amendments are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.