Horowhenua Chronicle

Act change for clubs, societies

- Douglas Rowan Director at CS Law

There are many important clubs and societies in our district, many of them incorporat­ed under the Incorporat­ed Societies Act 1908.

The old Incorporat­ed Societies Act 1908 has been replaced by the Incorporat­ed Societies 2022 (the 2022 act).

The 2022 act has some significan­t consequenc­es for our clubs and societies.

Re-registrati­on

Societies have until April 2026 to re-register under the 2022 act.

This may seem a long way away, but in terms of preparing for re-registrati­on the timeframe of 2-and-a-half years is quite short.

If societies do not reregister by April 2026, they will cease to exist as an incorporat­ed society. This means society’s committee or board will become a group of individual­s who are personally liable for all the commitment­s and liabilitie­s of the society.

It is important to re-register under the new act before April 2026.

Changes for societies

There are significan­t changes under the 2022 act that include changing the minimum number of society members, requiring the society to have a constituti­on that complies with the act, including having dispute resolution procedures, and requiring a minimum of three committee members.

The duties of officers of the society are more onerous. These include acting in good faith, complying with the new act, exercising care and diligence that a reasonable person with the same responsibi­lities would exercise, and keeping and maintainin­g a register of disclosure­s of the officers. Financial statements will need to follow external reporting or accounting standards for most societies.

Unlike the present situation, annual returns are required to be filed.

Change of rules

It is likely that most of the present constituti­ons or rules will not comply with the requiremen­ts of constituti­ons under the 2022 act.

Start to review now

Given the significan­t role clubs and societies have in our community, it is strongly recommende­d committees start reviewing their rules with a view to adopting a new constituti­on compliant with the 2022 act. Consultati­on with committee members and club and society members will take time and we recommend this process start soon.

For helpful informatio­n: companies.govt.nz.

We do recommend legal advice is obtained to:

Review your constituti­on and update it to comply with the 2022 act;

Help you explain the changes to your members;

Help you with the reregistra­tion process; and

Advise you about the general running of your incorporat­ed society and compliance with your own rules.

If your club would like assistance, we welcome your inquiry.

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 ?? ?? Douglas Rowan
Douglas Rowan

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