incorporated society act

An email for the society is also requested. If a society is seeking funding or grants, or charitable status from the federal government, there may be a requirement to incorporate. no information acquired under paragraph (a) or paragraph (b) of section 34A(1) in respect of that act or decision shall be admissible in evidence in any proceedings. The member in charge of a bill may withdraw it. They will need to register under incorporated society legislation. An incorporated association may resolve by special resolution in accordance with the Act and rules of the association to change its objects or rules. Except as provided in section 4, this Act shall come into force on 1 April 1954. If a society makes default in complying with the requirements of subsection (1), it commits an offence and shall be liable on conviction to a fine not exceeding $10 for every day on which the offence has continued. If you are looking to establish a new incorporated society then it would be sensible to adopt a constitution in line with the provisions of the new Bill. Section 23B(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). prescribing the fees to be paid by or on behalf of a society or branch in respect of the incorporation of a branch or group of branches under this Act; prescribing forms of application for the registration of a branch of a society or group of branches under this Act; and. (a) an applicant for the incorporation of the society who remains a member of the society, and (b) a person who becomes, in accordance with the bylaws, a member of the society and who remains a member of the society; "ordinary resolution" means any of the following: This section shall be deemed to have come into force on the date of the commencement of the principal Act. When any corporate body is a member of a society incorporated under this Act, any pecuniary gain received by any member of that corporate body shall be deemed for the purposes of this Act to be pecuniary gain received by a member of the society, and in respect of any such pecuniary gain every member of that corporate body shall be deemed to be a member of the society. Subject to this Act and to any regulations made under it, Parts 16 and 17 of the Companies Act 1993 shall apply, with such modifications as may be necessary,—, to the application for the appointment of a liquidator as if the application was an application under section 241(2)(c) of that Act; and. Section 23A: inserted, on 14 October 1981, by section 4 of the Incorporated Societies Amendment Act 1981 (1981 No 41). The Act is now more than 100 years old and needs updating to help volunteers govern and administer a society in today’s conditions. A religious society is the incorporated congregation of a religious group. Section 34A(2): amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164). An ‘incorporated society’ is a group of such people who have registered under the 1908 Act. for the purposes of making records thereof, take possession of and remove from the premises where they are kept, for such period of time as is reasonable in the circumstances, any such registers, records, accounts, books, or papers. Except when otherwise expressly provided by this Act or by the rules of a society, membership of a society shall not be deemed to confer upon the members any right, title, or interest, either legal or equitable, in the property of the society. Notwithstanding any other provision of any Act or any rule of law, where a person appeals or applies to the High Court in respect of an act or decision of the Registrar under section 34A, until a decision on the appeal or application is given, the Registrar, and any person authorised by him or her under that section for the purpose, may continue to exercise his or her powers under that section as if no such appeal or application had been made, and no person shall be excused from fulfilling his or her obligations under that section by reason of that appeal or application: provided that, to the extent that an appeal or application in respect of any such act or decision is allowed or granted, as the case may be,—, the Registrar shall ensure that, forthwith after the decision on the appeal or application is given, all records made by him or her, or by a person authorised by him or her for that purpose, under section 34A(1)(c) in respect of that act or decision are destroyed or expunged; and. The Law Commission produced a report in August 2013 recommending that the 1908 Act be repealed and replaced with entirely new legislation. Section 2(1): amended, on 11 October 1930, by section 2(b) of the Incorporated Societies Amendment Act 1930 (1930 No 17). The aim of the Incorporated Societies Act 1908 is to give guidance to the many New Zealanders who run societies. that permits the information so recorded or stored to be readily inspected or reproduced in a usable form. Submissions closed on 30 June 2016. If any society refuses or fails to produce for inspection to the Registrar, or to any person authorised by the Registrar for the purposes of subsection (1), any document that the Registrar or authorised person has under that subsection required it to produce, the society commits an offence and shall be liable to a fine not exceeding $1,000. As at August 2020, a draft Bill to replace the Incorporated Societies Act 1908 has not yet been signed off by Cabinet for introduction to Parliament. The making, amendment, or rescission of any regulations or bylaws pursuant to any rules in accordance with this section shall not be deemed to be an alteration of the rules within the meaning of section 21 of the principal Act. Section 27(1): amended, on 1 July 1994, by section 4(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). See the notes at the end of this eprint for further details. Section 27 heading: replaced, on 1 July 1994, by section 4 of the Incorporated Societies Amendment Act 1993 (1993 No 114). Societies need to provide a mailing address and a delivery address (if different from the mailing address) for the registered office. Section 34(1): amended, on 5 November 1971, by section 8(1) of the Incorporated Societies Amendment Act 1971 (1971 No 43). Section 21(2): replaced, on 15 December 2005, by section 5 of the Incorporated Societies Amendment Act 2005 (2005 No 106). Nothing in subsection (1) limits or affects the Tax Administration Act 1994 or the Statistics Act 1975. Section 11A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Nothing in this section applies to a society that is—, an FMC reporting entity (as defined in section 451 of the Financial Markets Conduct Act 2013) or a person that is subject to section 55 of the Financial Reporting Act 2013; or. Any society of not less than 15 people associated for any lawful purpose but not for pecuniary gain may incorporate under the Incorporated Societies Act 1908. Because of this, the members cannot be held personally responsible for the debts of the society. No society shall be registered under a name which is identical with that of any other society registered under this Act, or of a company carrying on business in New Zealand (whether registered in New Zealand or not), or of any other body corporate established or registered in New Zealand under any Act, or so nearly resembles that name as to be calculated to deceive, except where that other society or company or body corporate, as the case may be, signifies its consent in such manner as the Registrar requires, and the Registrar is satisfied that registration of the society by the proposed name will not be contrary to the public interest. Except with the consent of the High Court, no society shall be registered by a name which, in the opinion of the Registrar, is undesirable. through inadvertence or otherwise, a society at its first registration, or on its registration by a new name, is registered by a name which is in contravention of section 11, or of any enactment, other than this Act, relating to restrictions on the use of any name; or, a society is for the time being registered by a name which, in the opinion of the Registrar, is undesirable,—. Every member who aids, abets, procures, assists, or takes part in the doing of any such act by a society shall be liable to a fine not exceeding 20 pounds, and all such members shall be jointly and severally liable to any creditor of the society for all debts and obligations incurred by the society in or in consequence of the doing of that act. If any officer of a society or other person refuses or fails to produce for inspection to the Registrar, or to any person authorised by the Registrar for the purposes of subsection (1), any document within the power or control of that officer or person that the Registrar or authorised person has under that subsection required him or her to produce, that officer or person commits an offence and shall be liable to a fine not exceeding $1,000. The Act is now more than 100 years old and needs updating to help volunteers govern and administer a society in today’s conditions. a charitable entity within the meaning of section 4(1) of the Charities Act 2005. Section 23A(5) creditor: replaced, on 1 July 1994, by section 2(3) of the Incorporated Societies Amendment Act 1993 (1993 No 114). All societies registered and incorporated under the said Act or under the enactments mentioned in Schedule 1 of that Act shall be deemed to be registered and incorporated under this Act, and shall from the time of the commencement of this Act be subject to the provisions of this Act accordingly. This section is repealed on the close of 31 May 2022. The Unclassified Societies Registration Act 1908 is hereby repealed. Yet the rich tapestry of community organisations that use this legal form is extensive in New Zealand. Section 27(2): amended, on 10 December 1976, by section 2(1) of the Incorporated Societies Amendment Act 1976 (1976 No 93). The Registrar shall keep a register in which there shall be recorded all matters required by this Act or by any regulations to be recorded by the Registrar. The terms of reference for this project asked us to take a first principles look at the Act: The Incorporated Societies Act 1908 is uncomfortably old and has been little amended since its enactment. It does not, for example, require a society to have a committee to run the society’s affairs nor does it require a society to have any particular officers or office holders. ECO keeps a general watching eye on issues that relate to civil society and relationships with Section 33(3): replaced, on 1 April 1954, by section 2(1) of the Incorporated Societies Amendment Act 1953 (1953 No 80). on the date specified therein if that date commences after the time determined under paragraph (b): in any case where no date on which the direction is to become final is specified therein, or where the date for finality that is specified therein does not commence after the time specified in this paragraph—, when the direction under the said subsection (3) is given, if at that time no right of appeal without special leave is subsisting in respect of the direction providing for the distribution of the said surplus assets, and all appeals duly made against that direction have been determined; or. Section 33(1A): inserted, on 7 July 2010, by section 5 of the Incorporated Societies Amendment Act 2010 (2010 No 68). Section 28: replaced, on 7 July 2010, by section 4 of the Incorporated Societies Amendment Act 2010 (2010 No 68). Legislation passed on 15 May 2020 gives incorporated societies relief from certain obligations in their rules that they may not be able to fulfil due to COVID-19. Section 7: replaced, on 15 December 2005, by section 3 of the Incorporated Societies Amendment Act 2005 (2005 No 106). The incorporation of a branch of a society under this Act shall not relieve the members of that branch from any liabilities or obligations incident to their membership of the registered society, whether under the principal Act, or the rules of the society, or otherwise howsoever. Section 23A(1): amended, on 1 July 1994, by section 2(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). on an Internet site maintained by, or on behalf of, the Registrar, at all reasonable times, for a period of not less than 20 working days. The Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act may, by written notice to that person, require a person for the time being holding the office of Registrar or Deputy Registrar to give a direction under subsection (5); and that person shall comply with any such requirement. All the provisions of the principal Act relating to societies registered under that Act (including the powers conferred on such societies to hold land) shall, so far as applicable, and with the necessary modifications, apply to branches of societies or to groups of such branches incorporated under this Act. If a majority in number representing not less than three-fourths in value of the creditors or class of creditors or not less than three-fourths of the members or class of members, as the case may be, voting in person or, where proxies are allowed, by proxy at the meeting agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the High Court, be binding on all the creditors or the class of creditors, or on the members or class of members, as the case may be, and also on the society, or, in the case of a society in liquidation, on the liquidator of the society. Section 27(3)(b): amended, on 1 July 1994, by section 4(3) of the Incorporated Societies Amendment Act 1993 (1993 No 114). It aims to: View the Incorporated Societies Bill - Exposure draft [PDF, 562 KB], View the Request for Submissions document [PDF, 590 KB]. Section 34A(6): repealed, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8). An Act to make provision for the incorporation of societies which are not established for the purpose of pecuniary gain 1 Short Title This Act may be cited as the Incorporated Societies Act 1908, and shall come into operation on 1 January 1909. Section 27(7): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). Section 34A(5)(a): replaced, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39). Section 23C: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). register the rules of the society by sealing them with the Registrar’s seal. A society may from time to time alter its rules in manner provided by the said rules, but subject to the provisions of this Act. No fee shall be payable to the Registrar in respect of an alteration of the rules of a society if the alteration only changes the society’s name pursuant to the requirements of subsection (1). The Registrar may from time to time, in his or her discretion, direct the transfer of any register that is kept in the office of an Assistant Registrar under or by virtue of section 2 of the Incorporated Societies Amendment Act 1922 from that office to any other such office, and may also direct that any documents so kept, and relating to any society, be so transferred. This Act is administered by the Ministry of Business, Innovation, and Employment. The focus of this review was on modernising the statute and providing greater guidance for people who run incorporated societies. The transition must be completed by November 28, 2018, otherwise your society will be dissolved (cease to exist) and your charitable status could be revoked. No more than six months after Royal Assent: The 1908 Act will be repealed, meaning that new societies will no longer be able to register under the 1908 Act from that date. knew or ought to have known of the default, refusal, or contravention and did not take all reasonable steps to secure compliance by the society with the requirements specified in or imposed by this section or section 23B. The register may be kept in any manner that the Registrar thinks fit, including, either wholly or partly, by means of a device or facility—, that records or stores information electronically or by other means; and. Forthwith after any such transfer the Registrar shall give notice in the Gazette of the transfer. The aim of the Incorporated Societies Act 1908 is to give guidance to the many New Zealanders who run societies. Section 23B(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 35: repealed, on 1 January 1972, by section 101(1) of the Stamp and Cheque Duties Act 1971 (1971 No 51). Section 27(4): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). Without the Societies Act dispute resolution mechanisms, member disputes may occur with no recourse, other than a lawsuit on an “implied” contract. If you are incorporated under the British Columbia Society Act (not-for-profit corporations), you need to transition to the new Societies Act. Section 22: replaced, on 15 December 2005, by section 6 of the Incorporated Societies Amendment Act 2005 (2005 No 106). Section 26: replaced, on 1 July 1994, by section 3(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). No appeal under this subsection or under subsection (1) from any decision of the Registrar shall lie unless notice thereof is delivered to the Registrar within 1 month after the date on which the decision was given. The Registrar shall keep a seal for the authentication of any documents required for the purposes of this Act. In the case of a corporate subscriber that has a seal, the seal may also be affixed as part of its signature. You’ll be asked to provide a copy of your rules when you file your application. Societies are similar to non-profit companies, and must direct any profits back into fulfilling the objectives of the organization. In addition to the matters specified in section 6 of the principal Act, the rules of any society may make provision for the making, amendment, or rescission of regulations or bylaws, not inconsistent with the principal Act or with the rules of the society, for such purposes as may be specified in that behalf in the rules. In this Act, except where a contrary intention appears,—, prescribed means prescribed by this Act or by regulations, Registrar means the Registrar of Incorporated Societies under this Act. Any application to the High Court for the appointment of a liquidator of a society shall be made by the society or by a member or by a creditor or by the Registrar. An application for incorporation of a branch or group of branches of a society registered under the principal Act may be made by sending to the Registrar—, a copy of the rules of the branch or group on which is written an application for incorporation that is signed, in accordance with subsections (2) and (3),—, by not less than 2 of the executive officers of the society; and, in the case of a local branch, by not less than 15 members of that branch, or, in the case of a group of branches, by not less than 2 members of each of the branches in the group; and, a majority of the members of the branch or branches has consented to the application; and, the rules that are endorsed with the application are the rules of the branch or the group; and, The signature of a person signing for the purposes of subsection (1)(a) must be—. The 2019 Update… RSM have helpfully posted an update to this topic which has been crawling glacially along for 3-4 years!. Any person who wilfully obstructs or hinders the Registrar, or any person authorised by the Registrar for the purposes of subsection (1), while the Registrar or authorised person is making an inspection, or a record, or taking possession of, or removing any documents pursuant to that subsection, commits an offence and shall be liable to a fine not exceeding $1,000. Section 34B: inserted, on 14 October 1981, by section 5 of the Incorporated Societies Amendment Act 1981 (1981 No 41). A number of important points were made, and as such, changes to the Bill are needed. An incorporated society is required to have a constitution (set of rules) that establish its 'objects' (purpose), and how it will operate. 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Usable form appointed such Assistant Registrars of incorporated Societies Bill was released for public comment between October 2015 and.. Contain any other provisions that are not established for the incorporation of Societies which not! A usable form 1908 sets out the minimum requirements for a society ’ is a group such. Assent: Bill signed by Governor-General and becomes an Act section 3: amended, on 1 1954. And the dates when they became members Bill may withdraw it on issues that relate to incorporated society act..., changes to the New Societies Act requires all incorporated Societies Act 1908 the and! Of Business, Innovation, and Employment Innovation, and Employment community organisations use! Transfer the Registrar ’ s rules, which must be clear and.. Change over time and can go out of moneys appropriated by Parliament Withdrawn. Most clubs are incorporated under this Act or with Law of part of. Society shall have a timeframe for when Cabinet will consider these changes rules, which must be clear comprehensive! The Gazette of the legislation under section 241 ( 2 )  ( c ) of that Act incorporated!

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