Now is the time to reregister your incorporated society
The new Incorporated Societies Regulations 2023 (the Regulations) are now in force (as of 5 October 2023) meaning the approximately 24,000 existing incorporated societies can now apply for reregistration under the new Incorporated Societies Act 2022 (the 2022 Act). Existing incorporated societies have until 5 April 2026 to reregister, after which they will cease to exist.
You can read the Regulations here and the 2022 Act here.
Who do the Regulations affect?
The Regulations are relevant to all existing societies incorporated under the 1908 Act who wish to maintain incorporation by reregistering under the 2022 Act, as well as any societies who propose to seek incorporation from 5 October 2023.
How do the Regulations supplement the 2022 Act?
The Regulations prescribe the processes for a number of the more administrative and procedural matters contemplated by the 2022 Act, including:
- How societies apply to register or reregister for incorporation under the 2022 Act.
- What information is required for registration, changes in society details, annual returns, amalgamation, and liquidation.
- How much it will cost for registration and restoration.
- What information and actions are needed for the administration of incorporated societies.
- How enforcement and removal is actioned.
How will reregistration work?
Under the 2022 Act, societies will need:
- to provide a constitution that is compliant with the 2022 Act;
- to include dispute resolution procedures in the constitution;
- to have a committee that is responsible for managing the operation and affairs of the society;
- at least ten members; and
- at least one member’s contact details provided to the Registrar.
Reregistration can be applied for through an online application form on the Companies Office website once the above affairs have been finalised through a general meeting of the society. There is no fee for reregistration. However, the application will need to be supplemented with certain information, including:
- the New Zealand Business number and registration number;
- the registered office address;
- the balance date;
- the names, addresses, and written consents of each person named to be an officer. This should also include a certificate from the person confirming that they are not disqualified from being elected, appointed or holding office;
- confirmation that a named officer considers the society has 10 or more members;
- a copy of the new constitution; and
- confirmation that a named officer considers the constitution is compliant with the 2022 Act.
If you would like assistance with the process of reregistering or incorporating under the 2022 Act, including assistance with the drafting of a new constitution, please get in touch with one of our subject matter experts.
This article was co-authored by Tom Anderson, a Law Clerk in our Corporate team
