Incorporated Societies Act 2022
Incorporated Societies Act 2022
The new Incorporated Societies Act 2022 (2022 Act) came fully into force on 5 October 2023.
All incorporated societies currently registered under the Incorporated Societies Act 1908 (1908 Act) will need to reregister under the 2022 Act by April 2026 to remain an incorporated society.
It should be noted that for existing incorporated societies currently registered under the 1908 Act, there is no fee for re-registration under the 2022 Act. (Newly formed incorporated societies under the 2022 Act will be required to pay a registration fee).
It is very important that the person applying to reregister an incorporate society has the authority to manage information on that incorporated society’s behalf. Please refer to the New Zealand Companies Office’s guide on Confirming your authority to manage information for more detail on how to confirm that person’s authority.
Prior to applying for reregistration under the 2022 Act, there are several steps and procedures existing incorporated societies must complete, in addition to changing their constitutions. For example, incorporated societies will need to:
For more on the above, please contact your local BDO representative.
All incorporated societies currently registered under the Incorporated Societies Act 1908 (1908 Act) will need to reregister under the 2022 Act by April 2026 to remain an incorporated society.
It should be noted that for existing incorporated societies currently registered under the 1908 Act, there is no fee for re-registration under the 2022 Act. (Newly formed incorporated societies under the 2022 Act will be required to pay a registration fee).
It is very important that the person applying to reregister an incorporate society has the authority to manage information on that incorporated society’s behalf. Please refer to the New Zealand Companies Office’s guide on Confirming your authority to manage information for more detail on how to confirm that person’s authority.
Prior to applying for reregistration under the 2022 Act, there are several steps and procedures existing incorporated societies must complete, in addition to changing their constitutions. For example, incorporated societies will need to:
- Prepare new documents such as a constitution that complies with the 2022 Act and officer consent forms.
- The constitution must include details of a contact person (up to 3 persons can be included), including their name and address and how they are elected or appointed. (Their details will not be made publicly available.)
- Officers must consent in writing to be an officer and meet eligibility criteria set out in the 2022 Act.
- Incorporated societies must have a governing body/committee. There must be at least 3 people on the committee, each person must be an officer of the incorporated society.
- Incorporated societies may also need to adopt and implement new processes to comply with the 2022 Act including having mechanisms that ensure that new members consent to being a member of your society.
- Incorporated societies will also need to prepare and register annual financial statements within 6 months of the incorporated society’s reporting date, with reporting requirements differing depending on an incorporated society’s size and public accountability.
For more on the above, please contact your local BDO representative.