Re-Registration Under Incorporated Societies Act 2023

Topics covered in this article: Incorporated Societies

Colleen Bain

Associates

Associate

Phone: +64 7 927 0594
Email: cbain@clmlaw.co.nz

LinkedIn

Bachelor of Arts (History), Canterbury University

Bachelor of Laws (First Class Hons), Auckland University of Technology

 

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Re-registrations are now open

From 5 October 2023 all societies that are currently registered under the Incorporated Societies Act 1908 must re-register under the Incorporated Societies Act 2022. You have until 5 April 2026 to re-register.

If you do not re-register by 5 April 2026:

  • the society will be struck of the register of incorporated societies;
  • it ceases to exist as a legal entity;
  • its assets must be distributed; and
  • members, in particular committee members or officers may be held personally liable for failure to distribute assets and for the society’s debts.

Before re-registering

Before you re-register, you will need to review your current society rules to make sure they comply with requirements under the 2022 Act.

You can find the mandatory requirements in s26 of the 2022 Act.

Any updates will need to be approved by the society’s members in accordance with the 1908 Act and your current rules. For many societies, this means you will need to call a general meeting and pass a resolution approving the new Constitution.

If you haven’t reviewed your rules for a while, this is a good time to make sure they still work well for your society.

You will also need to appoint at least one contact person – this person will act as the contact point for the Registrar.

Information required to re-register

Applications for re-registration are made online via the Incorporated Societies Registrar website and must include the following:

  • physical address of societies’ registered office;
  • balance date;
  • names and physical address of proposed officers – you will need at least 3 and their addresses will not be published online;
  • confirmation by one of the proposed officers that:
    • the society has 10 or more members;
    • the Constitution complies with the Act.

There is no fee to re-register your society.

See here for further details of changes under the Incorporated Societies Act 2022:

Contact us for advice or assistance in readying your society for re-registration.

 


Latest Update  3rd October 2023

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