Start Preparing for the Incorporated Societies Act 2022
At long last the Incorporated Societies Act 2022 will come into full force on Thursday, 5 October 2023, replacing its predecessor after 115 years.
Societies can re-register under the 2022 Act from this date, and must do so by 5 April 2026 or they will cease to exist.
When applying to re-register, all societies must file a new or updated constitution that complies with the new legislation.
Other key changes under the 2022 Act include:
• All societies must have a governing body
• Officer duties have been set out, and are comparable to, director duties under the Companies Act 1993
• A person must give consent to become a member of a society
• Annual general meetings must be held, and financial statements and annual returns must be filed, within six months of the society’s balance date, and
• Every society must have a dispute resolution process set out in its constitution.
The Incorporated Societies Regulations were released this month. Every society should be drafting or reviewing its constitution in preparation for re-registration. Under s30(A) of the Charitable Trusts Act 1957, existing trust boards incorporated under that Act, need not re-register under the 2022 Act, but can elect to do so if they wish.
If you need a hand in doing this for your society, please don’t hesitate to be in touch – we are here to help.
DISCLAIMER: All the information published is true and accurate to the best of the authors knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in this newsletter may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513