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Latest BvonD News
Protecting the Privacy of Individuals
The new Privacy Act 2020 applies to governmental, commercial and community organisations, as, under section 4(1), the Act applies to a “New Zealand agency” which is defined in section 8(a)(iii) as including “a New Zealand private sector agency,” and s. 7(1) of the Act...
A NEW INCORPORATED SOCIETIES ACT – GUIDE FOR SOCIETIES
NOTE: These notes, prepared by Mark von Dadelszen QSM, provide an overview of the more significant elements of the proposals to replace the Incorporated Societies Act 1908. We recommend that new and existing societies be proactive in anticipating the reforms when...
Annual General Meeting of a Society or Charitable Trust under COVID-19 Restrictions
Background – the problem The COVID-19 epidemic resulted in restrictions on travel and public gatherings being imposed at a very awkward time, because most societies and charitable trusts were required by their Constitutions and by Statute to have their annual accounts...
Commercial Leases
Almost all of our clients who are a landlord or a tenant of a commercial property use the Auckland District Law Society “ADLS” Lease. For those of you whose lease is on the 2012 format clause 27.5 of that lease provides for the right for a tenant to seek a reduction...
Not-for-Profits’ Obligations under their Constitutions and Statutes and COVID-19
The constitutions of most societies and charitable trusts require the holding of an Annual General Meeting within 3 or 4 months of their balance date (to allow time for accounts to be compiled and in many cases audited). 31 March is the balance date for the majority...
Holding (or not holding) General Meetings of Members in extraordinary circumstances
The current issues relating to the COVID-19 virus give rise to some difficult problems for many organisations that are required to hold regular meetings of members (including companies and not-for-profit organisations such as societies and charities).