If a society makes default in complying with subsection (3), the society and every officer of the society who is in default shall be liable on conviction to a fine not exceeding $2 for each copy in respect of which default is made. 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. Section 3: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). As part of this review, exposure draft bills were released in 2015 and 2016. Section 17(2): repealed, on 1 October 2009, by section 164 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31). 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. 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. An email for the society is also requested. No more than six months after Royal Assent: The 1908 Act will be repealed, meaning that new societies will no longer be able to register under the 1908 Act from that date. Section 11A: replaced, on 14 October 1981, by section 3(1) of the Incorporated Societies Amendment Act 1981 (1981 No 41). Section 2(1): amended, on 11 October 1930, by section 2(a) of the Incorporated Societies Amendment Act 1930 (1930 No 17). 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. 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. Any contract which, if made between private persons, might be made without writing, may, when made by a society, be made without writing by any person acting on behalf of and under the express or implied authority of the society. 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. Note that depending upon your timing there will be some provisions of the 1908 Act that may still need to be complied with. Any person who is aggrieved by the refusal of the Registrar to register a society, or to register or receive any document submitted to him or her under this Act or who is aggrieved by any other act or decision of the Registrar under this Act, may appeal to the High Court within 21 days after the date of the refusal or other act or decision, or within such further time as the High Court may allow. Except as provided in the foregoing provisions of this section, no appeal shall lie against any direction of the Registrar given under this section. 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. to the liquidation as if the liquidator had been appointed under section 241(2)(c) of that Act. Name of society not to be the same as the name of another society or body corporate: 11A: Change of name: 12: Appeal from Registrar to Supreme Court [Repealed] 13: No liability on members for obligation of society: 14: Members to have no right to property of society: 15: Contracts by society: 16: Service of summons, etc, on society: 17 Section 34A(3): repealed, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8). Where a society is the plaintiff in any action or other legal proceeding, and there appears by any credible testimony to be reason to believe that if the defendant is successful in his or her defence the assets of the society will be insufficient to pay his or her costs, any court or Judge having jurisdiction in the matter may require sufficient security to be given for those costs, and may stay all proceedings until that security is given. The Registrar, if satisfied that the alteration has been duly made, and that the rules as so altered conform in all respects to this Act, shall register the alteration in like manner as in the case of the original rules, and the said alteration shall thereupon take effect according to the tenor thereof. Every society must, on request by the Registrar, send to the Registrar a list of the names and addresses of its members, accompanied by a certificate by an officer of the society certifying that the list is correct. Section 395A and Schedule 13 of the Companies Act 1993 (which establish a COVID-19 business debt hibernation regime) may apply to a society under clause 3 of that schedule. The aim of the Incorporated Societies Act 1908 is to give guidance to the many New Zealanders who run societies. If any society, not being a society incorporated under the principal Act, operates under any name or title of which the word “Incorporated”, or any contraction or imitation of that word, is the last word, every member of the society shall be liable on conviction to a fine not exceeding 1 pound for every day upon which that name or title has been used. Section 35: repealed, on 1 January 1972, by section 101(1) of the Stamp and Cheque Duties Act 1971 (1971 No 51). Any group of local branches may be incorporated notwithstanding that the whole or any number of such branches may be already incorporated. No such application shall be made except with the consent of a majority of the members of the society. On the delivery to the Registrar of a sealed copy of the court’s order he or she shall forthwith amend the register accordingly. Because of this, the members cannot be held personally responsible for the debts of the society. Section 11(2): inserted, on 14 October 1981, by section 2 of the Incorporated Societies Amendment Act 1981 (1981 No 41). Societies are similar to non-profit companies, and must direct any profits back into fulfilling the objectives of the organization. Section 34A(7): replaced, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39). 'If your society plans to register as a charity under the … Such registration shall be conclusive evidence that all conditions precedent to the making of the alteration, or to the registration thereof, have been duly fulfilled. To avoid doubt, in subsection (1) registers, records, accounts, books, or papers includes any of those things in an electronic form. Notice of the situation of that office, and of any change therein, shall be given to the Registrar and recorded by him or her. This Act is administered by the Ministry of Business, Innovation, and Employment. Any corporate body, whether incorporated under this Act or in any other manner, may be a member of a society incorporated under this Act, unless the purposes for which the society is established are ultra vires of the said corporate body. 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. Section 23A: inserted, on 14 October 1981, by section 4 of the Incorporated Societies Amendment Act 1981 (1981 No 41). Section 28: replaced, on 7 July 2010, by section 4 of the Incorporated Societies Amendment Act 2010 (2010 No 68). 5.22 The two Law Societies’ submissions preferred the Companies Act model. register the rules of the society by sealing them with the Registrar’s seal. Section 27(3): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). This Act may be cited as the Incorporated Societies Amendment Act 1920, and shall be read together with and deemed part of the Incorporated Societies Act 1908 (hereinafter referred to as the principal Act). 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. On hearing the appeal, the High Court may confirm the refusal or other act or decision of the Registrar, or give such directions or make such determination in the matter as the High Court thinks fit. Incorporated societies are often used for community membership groups like ethnic and religious groups, residents’ associations, parent-teacher associations, or sports clubs. The Law Commission’s 2013 Report 129, “A New Act for Incorporated Societies”, recommended a complete overhaul of the Incorporated Societies Act 1908. Section 27(1): amended, on 1 July 1994, by section 4(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). Every society which does any such act shall be liable to a fine not exceeding 100 pounds. If a society is seeking funding or grants, or charitable status from the federal government, there may be a requirement to incorporate. Schedule 2: repealed, on 1 April 1954, by section 2(2)(a) of the Incorporated Societies Amendment Act 1953 (1953 No 80). that is declared by this Act to be conclusive or final, or that is embodied in any document declared by this Act to be conclusive evidence of any act, decision, matter, or thing. 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. Fail / Withdrawn: A bill fails if the vote is lost at first, second, or third reading. There shall be paid to the Registrar such fees as may be prescribed by regulations in respect of such matters as may be so prescribed. The main advantages of an incorporated society are: The Societies Act requires all incorporated societies to maintain a registered office in British Columbia. An incorporated association may resolve by special resolution in accordance with the Act and rules of the association to change its objects or rules. Section 27(3)(b): amended, on 1 July 1994, by section 4(3) of the Incorporated Societies Amendment Act 1993 (1993 No 114). The Registrar, if satisfied that the requirements of this Act have been met, must do the following things: enter the name of the society in the register kept by the Registrar for the purposes of this Act, together with any other information relating to the society that the Registrar thinks appropriate; and, issue a certificate, sealed by the Registrar, that the society is incorporated under this Act; and. Section 31: replaced, on 5 November 1971, by section 6 of the Incorporated Societies Amendment Act 1971 (1971 No 43). 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. the society shall, within a period of 6 weeks from the date of its being required by the Registrar to do so, or such longer period as he or she may allow, change its name in accordance with section 21 to a name that is not in contravention as aforesaid and is not, in the opinion of the Registrar, undesirable. 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. A number of important points were made, and as such, changes to the Bill are needed. For the purposes of this Act membership of a branch of a society shall be determined in accordance with the general rules of the society and the special rules (if any) of the branch in that behalf, and not otherwise, and every member of a local branch shall be deemed to be a member of the society and liable to all the obligations of membership. Section 34(4): inserted, on 5 November 1971, by section 8(2) of the Incorporated Societies Amendment Act 1971 (1971 No 43). Section 4(1): amended, on 27 October 1965, by section 3 of the Incorporated Societies Amendment Act 1965 (1965 No 88). If the said surplus assets are subject to any trust, they shall be disposed of as the Supreme Court or a Judge thereof directs in the case where a liquidator was appointed by the court, or as the Registrar directs in a case where a liquidator was appointed by a resolution of the members or in the case of a dissolution by the Registrar, but an appeal shall lie from any such decision of the Registrar to the Supreme Court at the suit of any person interested. 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. Yet the rich tapestry of community organisations that use this legal form is extensive in New Zealand. This is due to competing legislative priorities, especially those relating to the COVID-19 pandemic. You’ll be asked to provide a copy of your rules when you file your application. This legislation is over 100 years old and is currently being reviewed. Section 12: repealed, on 14 October 1981, by section 6 of the Incorporated Societies Amendment Act 1981 (1981 No 41). 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 2019 Update… RSM have helpfully posted an update to this topic which has been crawling glacially along for 3-4 years!. Section 25: replaced, on 1 July 1994, by section 3(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). 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