The Incorporated Societies Regulations 2023 (Incorporated Societies Act 2022) are now in force.
All existing incorporated societies have until 5 April 2026 to re-register, after which they will cease to exist.
What do the Regulations affect?
The new regulations are relevant to all existing societies incorporated under the 1908 Act who wish to remain an incorporation. The existing society will need to re-register under the 2022 Act. Any new Society (from 5 October 2023) will need to be incorporated under the 2022 Act.
How do the Regulations supplement the 2022 Act?
The Regulations set down the processes for a few of the more administrative and procedural matters in the 2022 Act including:
- How societies apply to register or re-register for incorporation.
- What information is required for registration including changes to society details, annual returned etc
- The cost for registration and restoration
- What information and actions are needed to administer an incorporated society.
- How enforcement and removal is actioned.
Re-registration – how will it work?
Under the 2022 Act, societies will need:
- To provide a constitution which is compliant with the Act.
- Dispute resolution procedures need to form part of the constitution.
- The requirement for a committee that is responsible for managing the operation and affairs of the society.
- At least ten members are required with at least one of those members having their contact details provided to the Registrar.
An online registration form is available through the Companies Office website once the information above has been agreed upon through a general meeting of the society. There is no re-registration fee payable. There will however ben the need for the application to be supplemented with certain information, including:
- The registered office address.
- The New Zealand Business number and registration number.
- The names, addresses and written consents of each person named to be an officer. There will need to also be a certificate, from each person, confirming that they are not disqualified from being elected, appointed, or holding office.
- There needs to also be confirmation that a named officer considers the society to have ten or more members.
- A copy of the new constitution which the named officer considers to be compliant with the 2022 Act.
https://is-register.companiesoffice.govt.nz
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose. We do not give financial, taxation or investment advice and nothing in this article is intended as such.