incorporated society act

This section shall be deemed to have come into force on the date of the commencement of the principal Act. An incorporated association may resolve by special resolution in accordance with the Act and rules of the association to change its objects or rules. The Registrar must ensure that, as soon as practicable after it is made, the declaration of dissolution is—. We do not yet have a timeframe for when Cabinet will consider these changes. To avoid doubt, in subsection (1) registers, records, accounts, books, or papers includes any of those things in an electronic form. 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. In the case of any alteration of the name of a society the Registrar may, in his or her discretion, refuse to register the alteration until the making thereof has been publicly advertised in such manner as the Registrar thinks fit. the number of subscribers to the rules of a society for the purposes of section 4 or section 7, or to the rules of a branch or group of branches for the purposes of section 3 of the Incorporated Societies Amendment Act 1920; or, the number of members of a society for the purposes of section 4 or section 25 or of a branch for the purposes of section 2 or section 3 of the Incorporated Societies Amendment Act 1920—. Section 34(4): inserted, on 5 November 1971, by section 8(2) of the Incorporated Societies Amendment Act 1971 (1971 No 43). The Registrar must take the steps set out in subsection (2) if the Registrar is satisfied that—, the requirements of this Act have been met; and. The Incorporated Societies Act 1908 sets out the minimum requirements for a society’s rules, which must be clear and comprehensive. prescribing such other matters and things as may in his or her opinion be necessary for the purpose of giving effect to the provisions of this Act. Section 11: replaced, on 1 December 1951, by section 2 of the Incorporated Societies Amendment Act 1951 (1951 No 38). Section 34A(3): repealed, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8). This Act may be cited as the Incorporated Societies Amendment Act 1922, and shall be read together with and deemed part of the Incorporated Societies Act 1908 (hereinafter referred to as the principal Act). 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. On the delivery to the Registrar of a sealed copy of the court’s order he or she shall forthwith amend the register accordingly. (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: Forthwith after any such transfer the Registrar shall give notice in the Gazette of the transfer. Section 23A(5) creditor: replaced, on 1 July 1994, by section 2(3) of the Incorporated Societies Amendment Act 1993 (1993 No 114). A religious society is the incorporated congregation of a religious group. Section 2(1): amended, on 11 October 1930, by section 2(b) of the Incorporated Societies Amendment Act 1930 (1930 No 17). Schedule 1 heading: amended, on 15 December 2005, by section 7 of the Incorporated Societies Amendment Act 2005 (2005 No 106). Every society shall deliver annually to the Registrar, in such form and at such time as he or she requires, a statement containing the following particulars: the income and expenditure of the society during the society’s last financial year: the assets and liabilities of the society at the close of the said year: all mortgages, charges, and securities of any description affecting any of the property of the society at the close of the said year. and often advise people to form an incorporated society, particularly regarding matters relating to the Resource Management Act 1991, and of course we are one ourselves. Section 17(2): repealed, on 1 October 2009, by section 164 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31). Section 3: replaced, on 15 December 2005, by section 8 of the Incorporated Societies Amendment Act 2005 (2005 No 106). 'If your society plans to register as a charity under the … You should get legal advice if you are not sure whether a society or non-profit company is best for your group's purposes. This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012. Section 27(7): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). NZLS took the view that the Australian approach was a minimum, but the Companies Act model was a logical consequence of giving the incorporated society full capacity. If any question arises under this section as to whether or not any members or creditors of a society constitute a class of members or a class of creditors, as the case may be, it shall be determined by the High Court as in the circumstances it thinks proper. Section 35: repealed, on 1 January 1972, by section 101(1) of the Stamp and Cheque Duties Act 1971 (1971 No 51). 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. Where a compromise or arrangement is proposed between a society and its creditors or any class of them, or between the society and its members or any class of them, the High Court may, on the application of the society or of any creditor or member of the society, or, in the case of a society in liquidation, of the liquidator, order a meeting of the creditors or class of creditors, or of the members of the society or class of members, as the case may be, to be summoned in such manner as the court directs. The aim of the Incorporated Societies Act 1908 is to give guidance to the many New Zealanders who run societies. register the rules of the branch or group of branches by sealing them with the Registrar’s seal. 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. An order made under subsection (2) shall have no effect until a sealed copy of the order has been delivered to the Registrar for registration, and a copy of every such order shall be annexed to every copy of the rules of the society issued after the order has been made. Notice of the situation of that office, and of any change therein, shall be given to the Registrar and recorded by him or her. Section 27(3)(b): amended, on 1 July 1994, by section 4(3) of the Incorporated Societies Amendment Act 1993 (1993 No 114). Section 33(3): replaced, on 1 April 1954, by section 2(1) of the Incorporated Societies Amendment Act 1953 (1953 No 80). Our previous post is repeated below. society means a society incorporated under this Act. No application for the incorporation of a local branch shall be made except with the consent of a majority of the members proposed to be incorporated as a local branch, and no application for the incorporation of a group of branches shall be made except with the consent of a majority of the members of each of those branches. A society is an independent legal entity, a corporate 'person' that exists separate and apart from its members. (2) The bylaws or the statutory provisions in the nature of bylaws by which a society referred to in subsection (1) is governed shall, so far as they are not contrary to an expressed provision of this Act, continue in force until altered or rescinded. A number of important points were made, and as such, changes to the Bill are needed. Section 34A(2): amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164). Section 27(2): amended, on 10 December 1976, by section 2(1) of the Incorporated Societies Amendment Act 1976 (1976 No 93). Section 34A: replaced, on 6 December 1983, by section 2 of the Incorporated Societies Amendment Act 1983 (1983 No 54). See the notes at the end of this eprint for further details. This Act may be cited as the Incorporated Societies Amendment Act 1953, and shall be read together with and deemed part of the Incorporated Societies Act 1908 (hereinafter referred to as the principal Act). Section 27(4): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). It shall be the duty of any officer of the society and of any trustee appointed on behalf of creditors of the society to give notice to the society of such matters relating to himself or herself as may be necessary for the purposes of this section, and any person who makes default in complying with this subsection shall be liable on conviction to a fine not exceeding $100. Every society shall have a registered office to which all communications may be addressed. The focus of this review was on modernising the statute and providing greater guidance for people who run incorporated societies. As many clubs and other sporting organisations are structured as incorporated societies this will be relevant to a large number of sporting bodies in the community. Not for financial gain – The society cannot operate for financial gain, which means it can’t make a profit with the intention of passing it on to the members. 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. 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. 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. Original post14 March 2016. Section 27(3): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). The member in charge of a bill may withdraw it. Section 34(1A): inserted, on 7 July 2010, by section 6 of the Incorporated Societies Amendment Act 2010 (2010 No 68). Until that notice is given, the society shall be deemed not to have complied with the provisions of this section as to having a registered office. Royal Assent: Bill signed by Governor-General and becomes an Act. Section 22: replaced, on 15 December 2005, by section 6 of the Incorporated Societies Amendment Act 2005 (2005 No 106). 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. upon the expiration of the time allowed for any appeal without special leave that may lie against the direction providing for the distribution of the said surplus assets, or upon the determination of all appeals against that direction that are duly made either within that time or while any other appeal against that direction is awaiting determination, whichever is later, if when the direction under the said subsection (3) is given a right of appeal without special leave is subsisting in respect of the direction providing for the distribution of the said surplus assets or any appeal duly made against that direction has not been determined. Where the compromise or arrangement affects the rights of creditors of the society, the said statement shall give the like explanation as respects any trustees appointed on behalf of creditors as it is required to give as respects the society’s officers. the rules of the branch or group of branches are not inconsistent with the provisions of the principal Act or with the rules of the society. Please note: This content will change over time and can go out of date. 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. 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. Where a society makes default in complying with any requirement of this section, the society and every officer of the society who is in default shall be liable on conviction to a fine not exceeding $1,000, and, for the purpose of this subsection, any liquidator of the society and any trustees appointed on behalf of creditors of the society shall be deemed to be officers of the society: provided that a person shall not be liable under this subsection if that person shows that the default was due to the refusal of any other person, being an officer of the society or a trustee appointed on behalf of creditors, to supply the necessary particulars as to his or her interests. An incorporated society is required to have a constitution (set of rules) that establish its 'objects' (purpose), and how it will operate. Purposes for incorporation of society 3 (1) A society may be incorporated under this Act to promote any benevolent, philanthropic, patriotic, religious, charitable, artistic, literary, educational, social, professional, recreational or sporting or any other useful object, but not for the purpose of carrying on any trade, industry or business. In the case of a corporate subscriber that has a seal, the seal may also be affixed as part of its signature. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. 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. 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. Chartered Professional Accountants Act unless (a) the by-laws of the society so require, or (b) a fee is being charged to perform the audit. A new Act based on the Commission’s recommendations will codify best practice for operating an incorporated society, as well as provide greater clarity and protection for members. Note that depending upon your timing there will be some provisions of the 1908 Act that may still need to be complied with. 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. Section 23B(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 23A(2): amended, on 1 July 1994, by section 2(2) of the Incorporated Societies Amendment Act 1993 (1993 No 114). Section 34A(6): repealed, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8). 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 Societies Act requires all incorporated societies to maintain a registered office in British Columbia. An email for the society is also requested. Where any direction is given under the foregoing provisions of this section, there may (for the purposes of that direction) be included in that direction, or in a subsequent direction given by a Registrar or court or Judge who or which gave or had power to give the original direction, all or any of the following further directions: a direction vesting all or any of the assets of the society without transfer, conveyance, or assignment in such person or persons as may be specified in the direction, subject to all charges, encumbrances, estates, and interests affecting the same: if anything remains to be done to complete any matters outstanding on the liquidation or dissolution of the society or to provide for the payment of all costs, debts, and liabilities of and in relation to the society and its liquidation or dissolution, such directions as may be necessary or expedient to make provision for the completion and payment thereof: a direction conferring on any person such powers as may be necessary or expedient to enable him or her to carry out the functions and duties imposed on him or her by any direction given under this section. 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