Parts of the Incorporated Societies Act 2022 came into force from April 2022 and will be fully in force in October 2023.

There are some key dates for incorporated societies to be aware of as the 2022 Act takes effect:

• The final regulations under the Act are expected to be published by September 2023.
• Societies can still register under the Incorporated Societies Act 1908 until 5 October 2023. After that time, societies will need to register under the 2022 Act.
• All existing incorporated societies registered under the 1908 Act will need to re-register between October 2023 to April 2026, or they will cease to exist. As soon they re-register, they become subject to the rules in the new Act. This means each society will become subject to the new rules at the time of its own choosing.

What do societies need to do in preparation for the 2022 Act?

• Review and update their constitutions to ensure that they comply with the new requirements. This is good opportunity for societies to also check that their constitutions are still fit for purpose.
• Elect or appoint up to three contact person(s) being the person(s) that the Registrar can contact when needed. A contact person is not required to be an officer of the society but must be at least 18 years old and reside in New Zealand.
• Ensure that they have a governing body of three or more officers who each meet the qualification requirements in the 2022 Act.
• Re-register with the Companies Office under the 2022 Act, during the registration period. This will mean providing certain information (to be prescribed by the regulations) and a copy of the society’s constitution that is compliant with the 2022 Act. If a society fails to file an application for re-registration by 26 April 2026, it will cease to exist on that date.

Ongoing obligations:

Once societies have re-registered, they will have ongoing obligations under the 2022 Act. Societies will need to:

• file annual returns. Societies that are registered charities are already required to do this. The information required to be included in the annual returns will be specified in the regulations.
• prepare and file financial statements that comply with certain financial reporting standards depending on the society’s size. The threshold triggering an audit will be set by regulations.
• hold and maintain a register of members including the name, last known contact information and the date they became a member. It is already a requirement under the 1908 Act to hold and maintain a register of members.

We are well placed to assist societies with the transition to the new Act. Please contact us if you would like us to provide your incorporated society with guidance.