Overview
A Society is one of the most widely used legal structures in India for organising groups of individuals around a common educational, charitable, scientific, literary, or welfare-oriented purpose. Governed by the Societies Registration Act, 1860 — a central legislation adopted and amended by various state governments — a Society is formed when a minimum number of individuals come together with a shared objective and register their association with the Registrar of Societies of the relevant state.
A Society operates through a democratic governance model centred on a Governing Body or Managing Committee elected or appointed by its members, making it particularly suited to membership-driven organisations such as educational institutions, welfare associations, and resident communities that require collective decision-making rather than the more centralised governance of a Trust or the corporate structure of a Section 8 Company.
Societies remain one of the most popular structures for grassroots and community-based organisations across India, valued for their relatively simple registration process, democratic functioning, and long-standing legal recognition across education, welfare, and residential community management.
What is a Society?
A Society, as defined under the Societies Registration Act, 1860, is an association of seven or more persons who subscribe their names to a Memorandum of Association for the purpose of promoting charitable, literary, scientific, or other objects specified under the Act.
A Society is Commonly Used By:
- Educational institutions, schools, and academic associations
- Welfare organisations working in healthcare, social upliftment, and community support
- Resident Welfare Associations (RWAs) managing residential complexes
- Sports, cultural, and literary associations
- Professional bodies and member-based organisations
- Cooperative and community development groups
Why Form a Society?
A Society offers a democratic, membership-based structure ideal for groups of individuals coming together to manage shared educational, welfare, or community interests, with a governance model built on collective decision-making through an elected or appointed Governing Body.
Key Reasons to Choose a Society:
- Comparatively simple and well-established registration process
- Democratic governance through a Governing Body elected by members
- Suitable for membership-driven and community-based organisations
- Eligible for 12A and 80G tax exemption registration
- No requirement for minimum capital contribution
- Long-standing legal recognition across all Indian states
- Well-suited for managing shared community resources and amenities
- Flexibility to amend Rules and Regulations through member resolutions
Society Registration Setup Options
| Setup Option | Purpose | Best For |
|---|---|---|
| Educational Society | Promotion of education, schools, and academic activities | Schools, coaching institutes, and educational foundations |
| Welfare Society | General welfare, charitable, and community development objects | NGOs, welfare associations, and social initiatives |
| Resident Welfare Association (RWA) | Management of residential community affairs | Apartment complexes, housing societies, and gated communities |
Registration and Compliance Overview
| Activity | Purpose | Frequency |
|---|---|---|
| Memorandum of Association Drafting | Defines society's objects and founding members | One-time |
| Rules and Regulations Drafting | Defines internal governance and membership procedures | One-time |
| Society Registration | Legal recognition with Registrar of Societies | One-time |
| 12A Registration | Income tax exemption for the society | One-time (with periodic renewal) |
| 80G Registration | Tax deduction benefit for donors | One-time (with periodic renewal) |
| Annual List of Managing Body Filing | Reporting governing body details to Registrar | Annual (state-dependent) |
Key Insight for 2026
In 2026, several states have moved towards online portals for Society registration and annual filing, streamlining what was traditionally a paper-heavy process, while simultaneously increasing scrutiny on annual compliance filings, particularly the submission of the list of managing body members and audited accounts. Societies seeking to maintain 12A and 80G tax exemption status face the same periodic re-validation requirements applicable to Trusts and Section 8 Companies, making structured compliance management increasingly important for educational institutions, welfare societies, and RWAs alike.
Features
Legal Framework and Features of Societies in India
A Society in India is governed by the Societies Registration Act, 1860, a central legislation that has been adopted, and in many cases amended, by individual state governments, resulting in some variation in procedural requirements across states while retaining the core legal framework.
1. Statutory Basis
The Societies Registration Act, 1860 was enacted to provide a legal mechanism for the registration of literary, scientific, and charitable societies, establishing the foundational requirements for formation, registration, and governance of such associations.
2. Permitted Objects Under the Act
Section 20 of the Societies Registration Act, 1860 specifies the categories of objects for which a Society may be registered, including:
- Promotion of science, literature, or the fine arts
- Diffusion of useful knowledge
- Diffusion of political education
- Foundation or maintenance of libraries or reading rooms
- Promotion of charitable purposes
- Maintenance of public museums and galleries
State amendments have expanded these categories in several states to include additional purposes such as sports, welfare, and community development.
3. Minimum Membership Requirement (Section 1)
Section 1 of the Societies Registration Act, 1860 requires a minimum of seven persons to subscribe their names to a Memorandum of Association in order to register a Society. There is no prescribed maximum number of members, allowing Societies to grow their membership base over time through their own admission procedures.
| Requirement | Detail |
|---|---|
| Minimum founding members | 7 persons |
| Maximum members | No upper limit prescribed |
| Minimum capital | No minimum prescribed |
| Registered office | Mandatory address in the state of registration |
4. Memorandum of Association
The Memorandum of Association is the foundational document of a Society, required under Section 1 of the Act, and must contain:
| Key Element | Purpose |
|---|---|
| Name of the Society | Legal identity (must not be identical or similar to an existing registered entity) |
| Objects of the Society | Defines the purpose and scope of activities |
| Names and addresses of governing body members | Identifies the founding management team |
| Names and addresses of all subscribers | Identifies the founding members |
| Registered office address | Establishes the Society's legal address |
5. Rules and Regulations
Alongside the Memorandum of Association, every Society is required to file Rules and Regulations (sometimes called Bye-Laws), which govern the internal functioning of the Society, including membership criteria, election procedures, meeting protocols, and financial management.
| Key Clause | Purpose |
|---|---|
| Membership criteria and procedure | Defines who can join and how |
| Governing Body composition and tenure | Establishes management structure |
| Election procedure | Governs how office-bearers are chosen |
| Meeting protocols (General Body, Governing Body) | Defines decision-making process |
| Financial management and audit | Establishes accountability mechanisms |
| Amendment and dissolution procedure | Governs changes and winding up |
6. Governance Through Governing Body
A Society is managed through a Governing Body (also called Managing Committee, Executive Committee, or Council, depending on the Rules), typically elected by the General Body of members at periodic intervals, distinguishing the Society's democratic governance model from the trustee-based model of a Trust.
7. Body Corporate Status (Section 13)
Once registered, a Society is recognised as a body corporate having perpetual succession and a common seal, with the power to hold property, both movable and immovable, and to sue and be sued in its registered name, providing legal continuity beyond the tenure of any individual member or office-bearer.
8. Annual Filing Obligation (Section 4)
Section 4 of the Societies Registration Act, 1860 requires every registered Society to file, once a year, a list of the names, addresses, and occupations of the members of its Governing Body with the Registrar of Societies, ensuring the Registrar's records remain current.
9. Taxation of Societies
A Society is generally taxed as an Association of Persons (AOP) unless it holds valid 12A registration, in which case its income is exempt from tax subject to the same conditions applicable to Trusts and Section 8 Companies under the Income Tax Act, 1961.
| Status | Tax Treatment |
|---|---|
| Without 12A registration | Taxed as an Association of Persons (AOP) |
| With 12A registration | Income exempt, subject to application of income conditions under Section 11 |
10. State Variations
Several states, including West Bengal, Tamil Nadu, and Madhya Pradesh, have enacted their own amended versions of the Societies Registration Act with additional procedural requirements, such as mandatory renewal of registration at periodic intervals, which Societies in those states must specifically comply with.
Types
Types of Society Registration: Choosing the Right Option
Society registration in India can be structured around different purposes depending on the nature of the membership and intended activities. VardhanTax offers three distinct setup packages tailored to the most common categories of society-based organisations.
1. Educational Society
An Educational Society is established for promoting education, running schools, coaching institutes, or academic and skill-development programs, governed by a membership and Governing Body structure suited to institutional management.
What is Included:
- Drafting of Memorandum of Association with education-focused objects
- Drafting of Rules and Regulations governing membership and governance
- Identification and documentation of the 7 founding members and Governing Body
- Society registration with the Registrar of Societies
- PAN application for the society
- Guidance on 12A and 80G registration process
Who Should Choose This:
- Groups establishing schools, coaching centres, or training institutes
- Academic associations and skill-development organisations
- Alumni groups setting up scholarship or educational support programs
- Educational foundations seeking a membership-based governance model
Key Benefits:
- Objects clause precisely aligned with educational regulatory expectations
- Democratic governance suited to multi-stakeholder educational institutions
- Eligible for 12A and 80G registration to support fundraising
- Recognised structure for affiliations with educational boards (subject to sector-specific approvals)
| Feature | Detail |
|---|---|
| Registration type | Society — Educational Objects |
| Governing law | Societies Registration Act, 1860 (state-amended) |
| Minimum founding members | 7 |
| Typical completion time | 15–25 working days (state-dependent) |
| 12A/80G applicable | Yes (separate application after registration) |
2. Welfare Society
A Welfare Society is established for general charitable, social welfare, and community development objects, covering a broad range of activities aimed at public benefit, healthcare support, and social upliftment.
What is Included:
- Drafting of Memorandum of Association with welfare-focused objects
- Drafting of Rules and Regulations governing membership and governance
- Identification and documentation of the 7 founding members and Governing Body
- Society registration with the Registrar of Societies
- PAN application for the society
- Guidance on 12A and 80G registration process
Who Should Choose This:
- NGOs working in healthcare, poverty relief, or social upliftment
- Community development and grassroots welfare organisations
- Groups formalising charitable initiatives with a democratic membership base
- Organisations seeking donor tax deduction eligibility through 80G
Key Benefits:
- Flexible objects clause covering a wide range of welfare activities
- Democratic governance model encouraging broad community participation
- Eligible for 12A and 80G registration to support fundraising
- Strong recognition for partnerships with government welfare schemes
| Feature | Detail |
|---|---|
| Registration type | Society — Welfare Objects |
| Governing law | Societies Registration Act, 1860 (state-amended) |
| Minimum founding members | 7 |
| Typical completion time | 15–25 working days (state-dependent) |
| 12A/80G applicable | Yes (separate application after registration) |
3. Resident Welfare Association (RWA)
A Resident Welfare Association is established for the management of residential community affairs, covering apartment complexes, housing societies, and gated communities, focused on maintaining shared amenities, security, and community governance.
What is Included:
- Drafting of Memorandum of Association with RWA-specific objects
- Drafting of Rules and Regulations governing membership, maintenance, and committee elections
- Identification and documentation of the 7 founding members and Managing Committee
- Society registration with the Registrar of Societies
- PAN application for the RWA
- Guidance on maintenance fund management and common area governance
Who Should Choose This:
- Apartment complexes and gated community resident groups
- Housing societies needing formal legal recognition for amenity management
- Residential communities requiring a structure to collect maintenance fees and manage shared assets
- Groups needing legal standing for disputes with builders or municipal authorities
Key Benefits:
- Legal recognition enabling formal maintenance fund collection and management
- Democratic governance through resident-elected Managing Committee
- Legal standing to enter contracts (security, housekeeping, maintenance vendors)
- Recognised structure for engaging with municipal authorities and builders on community matters
| Feature | Detail |
|---|---|
| Registration type | Society — Resident Welfare Association |
| Governing law | Societies Registration Act, 1860 (state-amended) |
| Minimum founding members | 7 |
| Typical completion time | 15–25 working days (state-dependent) |
| 12A/80G applicable | Generally not pursued (non-charitable, member-benefit focus) |
Choosing the Right Setup
| Your Situation | Recommended Setup |
|---|---|
| School, coaching, or academic institution | Educational Society |
| General charity or community welfare initiative | Welfare Society |
| Apartment complex or housing community | Resident Welfare Association (RWA) |
| Seeking donor tax deduction eligibility | Educational Society or Welfare Society |
| Managing shared amenities and maintenance | Resident Welfare Association (RWA) |
Advantages
Advantages of a Society in India
A Society offers a democratic, membership-driven legal structure that has remained one of the most accessible and widely used forms of association in India for over a century and a half, particularly suited to organisations where collective decision-making and broad-based participation are central to the purpose.
Society vs Other Structures
| Basis | Society | Trust | Section 8 Company |
|---|---|---|---|
| Governing Law | Societies Registration Act, 1860 | Indian Trusts Act, 1882 / State Acts | Companies Act, 2013 |
| Minimum Members | 7 | 2 (settlor and trustee, typically) | 2 (private) or 7 (public) |
| Governance Model | Democratic — elected Governing Body | Trustees (fiduciary appointment) | Board of Directors |
| Amendment Flexibility | Amendable via General Body resolution | Generally irrevocable once created | Amendable via ROC filing |
| Suited for Community Management | Highly suited (e.g., RWAs) | Not typically used | Not typically used |
| Tax Exemption Eligibility | Yes (with 12A) | Yes (with 12A) | Yes (with 12A) |
Key Advantages of a Society
1. Democratic and Inclusive Governance
Unlike a Trust, which is managed by appointed trustees, a Society is governed by a Governing Body elected by its General Body of members at periodic intervals, fostering broader participation and accountability — particularly valuable for educational institutions, welfare organisations, and resident communities where stakeholder representation matters.
2. Comparatively Simple Registration Process
With a minimum requirement of just seven founding members and a well-established registration procedure under the Societies Registration Act, 1860, forming a Society is generally more accessible than incorporating a Section 8 Company, particularly for grassroots and community-based initiatives without significant initial resources.
3. Long-Standing Legal Recognition
Having been in force since 1860, the Societies Registration Act provides a well-established and widely understood legal framework, recognised consistently by banks, government departments, and regulatory authorities across India, lending credibility to registered Societies.
4. Flexibility in Amending Internal Rules
A Society's Rules and Regulations can generally be amended through a resolution passed by the General Body of members, providing greater internal flexibility to adapt governance structures, membership criteria, and operational procedures as the organisation evolves, compared to the more rigid amendment процеss for a Trust Deed.
5. Well-Suited for Managing Shared Community Resources
The Society structure, particularly through Resident Welfare Associations, provides residential communities with formal legal standing to collect maintenance funds, enter into vendor contracts, manage shared amenities, and represent residents in dealings with builders and municipal authorities.
6. Eligibility for 12A and 80G Tax Benefits
Educational and Welfare Societies can apply for 12A registration to exempt their income from tax, and 80G registration to enable donors to claim tax deductions, significantly enhancing the organisation's fundraising appeal in a manner similar to Trusts and Section 8 Companies.
7. Body Corporate Status with Perpetual Succession
Once registered, a Society becomes a body corporate with perpetual succession, capable of holding property and entering into contracts in its own name, ensuring organisational continuity beyond the tenure of any individual office-bearer or founding member.
8. No Minimum Capital Requirement
A Society can be registered without any prescribed minimum capital contribution, making it accessible to community groups, educational initiatives, and resident associations with limited initial financial resources who still want a credible, legally recognised structure.
Register your Society with complete legal support
Memorandum, Rules, registration, and 12A/80G guidance — all in one place
- Legal expert guided process
- Transparent pricing
- Track progress in the app
Compliance
Society Compliance: What You Must Do After Registration
A Society carries compliance obligations under the Societies Registration Act, 1860 (as adopted by the relevant state) and, where applicable, the Income Tax Act, 1961 for organisations claiming 12A and 80G benefits. Compliance requirements can vary by state, making it essential to follow the specific procedures applicable to the state of registration.
1. Annual Filing with Registrar of Societies (Section 4)
| Requirement | Purpose | Frequency |
|---|---|---|
| List of Governing Body members | Updates Registrar's records on current management | Annual |
| Annual accounts filing (state-dependent) | Financial transparency to state authority | Annual |
| Renewal of registration (in select states) | Mandatory periodic renewal where applicable | State-dependent (e.g., every 1–5 years) |
2. Income Tax Compliance and Exemption Filings (For 12A/80G Societies)
| Requirement | Form / Provision | Frequency / Due Date |
|---|---|---|
| Annual Income Tax Return | ITR-7 (with 12A) or ITR-5 (as AOP, without 12A) | 31st October (audit applicable) |
| 12A Registration Renewal | Form 10A / 10AB | Periodic re-validation as per applicable cycle |
| 80G Registration Renewal | Form 10A / 10AB | Periodic re-validation as per applicable cycle |
| Statement of Donations Received | Form 10BD | Annual, by 31st May of following financial year |
| Application of Income | Section 11 conditions | Minimum 85% of income to be applied towards objects annually |
3. Statutory Audit Requirements
Societies with 12A registration and income exceeding the basic exemption limit are required to have their accounts audited by a Chartered Accountant under the Income Tax Act, 1961, with the audit report (Form 10B or 10BB, as applicable) filed along with the income tax return.
4. Governing Body Election and Reporting
Societies must conduct elections for their Governing Body in accordance with their Rules and Regulations, typically at intervals specified in the bye-laws (commonly every 1 to 3 years), and report changes in office-bearers to the Registrar of Societies as required under applicable state rules.
5. RWA-Specific Compliance
Resident Welfare Associations have additional practical compliance considerations, including transparent maintenance fund accounting, timely conduct of Annual General Meetings, and compliance with applicable state-specific Apartment Ownership Acts where the residential complex falls under such regulation, in addition to standard Society compliance.
6. FCRA Compliance for Foreign Contributions
Societies intending to receive foreign donations or grants must obtain registration under the Foreign Contribution (Regulation) Act, 2010 (FCRA), generally available only after the society has been operational for a minimum of three years and meets prescribed eligibility criteria, along with ongoing annual FCRA return filing (Form FC-4).
7. Compliance Calendar Summary
| Compliance | Frequency | Consequence of Non-Compliance |
|---|---|---|
| List of Governing Body (Registrar filing) | Annual | Penalty, outdated official records |
| Income Tax Return (ITR-7/ITR-5) | Annual | Loss of exemption benefits, penalty |
| 12A/80G Renewal | Periodic re-validation cycle | Loss of tax exemption and donor deduction benefit |
| Form 10BD (Donation Statement) | Annual | Penalty for non-filing |
| Audit Report (Form 10B/10BB) | Annual (if applicable) | Mandatory for exemption eligibility |
| Governing Body Elections | As per Rules and Regulations | Governance disputes, Registrar non-recognition |
Stay compliant and exemption-ready year-round
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- Exemption renewal tracking
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Exemptions
Tax Exemptions and Benefits Available to Societies
A Society, similar to a Trust and Section 8 Company, can access significant tax exemptions and donor benefits under the Income Tax Act, 1961, once it completes the necessary registrations, while Resident Welfare Associations typically follow a different, more limited exemption pathway given their member-mutuality nature.
1. 12A Registration — Income Tax Exemption
An Educational or Welfare Society can apply for registration under Section 12A of the Income Tax Act, 1961, which exempts the society's income from tax, provided the income is applied towards its stated objects in accordance with prescribed conditions.
| Requirement | Detail |
|---|---|
| Minimum income application | At least 85% of income must be applied towards society's objects annually |
| Accumulation of surplus | Permitted under Section 11(2), subject to filing Form 10 and specified conditions |
| Validity | Provisional registration for 3 years, followed by regular registration for 5 years (renewable) |
2. 80G Registration — Donor Tax Deduction Benefit
An Educational or Welfare Society can apply for registration under Section 80G of the Income Tax Act, 1961, allowing donors who contribute to the society to claim a deduction on their taxable income, significantly enhancing the society's appeal to individual and corporate donors.
| Registration | Benefit | Beneficiary |
|---|---|---|
| 12A | Tax exemption on the society's income | Educational/Welfare Society |
| 80G | Deduction on donation amount (50% or 100%, depending on category) | Donors |
3. Principle of Mutuality for RWAs
Resident Welfare Associations generally benefit from the "principle of mutuality" under Indian tax law, under which contributions collected from members (such as maintenance charges) for the mutual benefit of the same members are not treated as taxable income, provided strict conditions of identity between contributors and beneficiaries are satisfied. This is distinct from the 12A/80G exemption route applicable to charitable societies.
4. GST Exemption for RWA Maintenance Charges (Threshold-Based)
Under GST notifications, maintenance charges collected by a Resident Welfare Association from its members are exempt from GST up to a prescribed monthly threshold per member (subject to periodic government notification), with GST applicable only on amounts exceeding this threshold, provided the RWA's aggregate turnover also exceeds the GST registration threshold.
5. CSR Fund Eligibility for Welfare and Educational Societies
A properly registered and 12A/80G-compliant Educational or Welfare Society is well-positioned to receive Corporate Social Responsibility (CSR) funding from companies fulfilling their obligations under Section 135 of the Companies Act, 2013, provided the society's objects align with the activities specified in Schedule VII of the Act.
6. Exemption from Stamp Duty (State-Specific)
Several state governments offer concessional or exempted stamp duty rates for registered Societies on specified property transactions related to their charitable or educational objects, subject to state-specific notifications and conditions.
7. FCRA Registration for International Funding
Once eligible (generally after three years of operation), an Educational or Welfare Society can obtain FCRA registration, enabling it to legally receive foreign contributions and grants from international donors and foundations, expanding its potential funding base.
8. Carry Forward of Unapplied Income
Under Section 11(2) of the Income Tax Act, 1961, a Society with 12A registration can accumulate and carry forward income not immediately applied towards its objects, provided the prescribed Form 10 is filed and the accumulated income is utilised within the specified timeframe.
Important Note on Exemptions
Tax exemptions available to a Society are conditional on strict compliance with income application requirements, timely renewal of 12A and 80G registrations, and accurate donation reporting through Form 10BD. RWAs relying on the principle of mutuality must carefully structure their finances to maintain strict member-fund identity. Failure to meet these conditions can result in loss of exempt status and retrospective tax liability. Professional compliance management is strongly recommended to protect these benefits.
Why Vardhan Tax
Registering a Society involves more than collecting seven signatures on a Memorandum of Association. It requires careful drafting of objects clauses aligned with the permitted categories under the Societies Registration Act, 1860, structuring Rules and Regulations that establish clear democratic governance procedures, and navigating state-specific registration variations that differ meaningfully from one state to another.
Many founding members underestimate the documentation required for Registrar approval, the importance of well-defined election and amendment procedures in the Rules and Regulations, and the ongoing discipline required to maintain 12A and 80G exemption status through timely renewals and accurate donation reporting. For Resident Welfare Associations specifically, getting the maintenance fund governance and mutuality structuring right from the start prevents disputes and tax complications later.
At VardhanTax, Society registration is handled as a complete legal and governance engagement, not just a document filing exercise.
Our Approach to Society Registration
Every Society case at VardhanTax begins with a structured consultation to understand:
- The nature of the organisation — educational, welfare, or residential community
- The founding members and proposed Governing Body structure
- Whether 12A and 80G registration will be pursued
- For RWAs, the maintenance fund structure and applicable state Apartment Act
- Future plans for FCRA registration and international fundraising
Based on this, we recommend the right setup — Educational Society, Welfare Society, or Resident Welfare Association — and handle the entire process from documentation to final registration and tax exemption applications.
What Makes VardhanTax Different?
We treat Society registration as the foundation for long-term, member-driven governance, not a one-time transaction.
- Memorandum of Association and Rules and Regulations drafted with clear, state-compliant objects and procedures
- Founding member and Governing Body documentation handled accurately for smooth Registrar approval
- 12A and 80G registration coordinated as part of an integrated setup process (for Educational and Welfare Societies)
- Guidance on Governing Body elections, amendment procedures, and annual Registrar filings
- RWA-specific support for maintenance fund structuring and mutuality compliance
- Dedicated support for FCRA eligibility and future international funding readiness
Our Society Registration Services
| Our Service | Benefit for Your Business |
|---|---|
| Memorandum & Rules Drafting | Legally sound, state-compliant founding documents |
| Registrar of Societies Registration | Full legal recognition under applicable state law |
| 12A & 80G Registration | Income tax exemption and donor deduction eligibility |
| PAN Application for Society | Complete tax identity setup |
| Annual Registrar Filings | Up-to-date Governing Body records, zero penalty risk |
| Form 10BD Donation Reporting | Accurate, timely donor compliance |
| RWA Maintenance Fund Advisory | Mutuality-compliant, dispute-free fund management |
Packages We Offer
- Educational Society — Memorandum, Rules drafting, and registration for educational objects
- Welfare Society — Memorandum, Rules drafting, and registration for welfare objects
- Resident Welfare Association (RWA) — Memorandum, Rules drafting, and registration for residential community management
Our Compliance-First Promise
Registering your Society is only the beginning. VardhanTax stays with you for annual Registrar filings, 12A and 80G renewal tracking, donation reporting, Governing Body election support, and RWA maintenance fund advisory — ensuring your society remains legally protected, exemption-ready, and fully compliant as it serves its members and community.
Because in 2026, regulatory scrutiny on society fund utilisation, governing body reporting, and periodic exemption renewals has intensified significantly, with state Registrars increasingly digitising compliance tracking. Proactive, expert-managed compliance from registration onward is the most reliable way for founding members and committees to protect both their organisation's mission and its long-term legal standing.