BvonD News
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 adopting or revising constitutions. The most recent advice we have is that a Bill […]
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 (where their financial years ended on 31 December 2019 or 31 March 2020) approved […]
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 by a “fair proportion” […]
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 of societies and charitable trusts, with 31 December […]
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).
NEW INCORPORATED SOCIETIES ACT – WHAT EXISTING SOCIETIES WILL HAVE TO DO AND BE AWARE OF
This Article is based on what was proposed in the 2015 Exposure Draft Incorporated Societies Bill, but also having regard to some modifications signalled in the Minister’s June 2019 Cabinet Paper. The article will need to be revised after the new statute has been enacted, hopefully later in 2020. In the meantime, existing societies and […]
Constitution-Builder for Society Constitutions
Background The Law Commission’s 2013 Report, A New Act for Incorporated Societies, noted at paragraph 7.58 that: During our consultation we were constantly told of the need for education and guidance for societies in drafting their constitutions and in running societies in general. An internet-based constitution builder tool would provide that guidance and would greatly […]
Essential Record-Keeping for Not-for-Profit Organisations
Introduction Most not-for-profit organisations (societies and charitable trusts, abbreviated to N-f-P’s in these notes) are governed and managed by well-intentioned, honest people, but many of those people lack some or all of the knowledge and skills about the decision-making and record-keeping required in such an organisation. The sections that follow provide a brief guide to […]
Codes of Conduct in Not-for-Profit Governance
Introduction Those involved in the governance of a not-for-profit entity (incorporated society or charity, whether or not incorporated under any statute) have duties and responsibilities: These may be specified in the constitution of the not-for-profit entity, They may be specified in any legislation under which the not-for-profit entity may be incorporated or which applies to […]
Business Numbers – What they Mean for Not-for-Profits
The New Zealand Business Number Act 2016 provides that incorporated societies registered under the Incorporated Societies Act 1908, charitable trusts incorporated under the Charitable Trusts Act 1957, friendly societies and credit unions registered under the Friendly Societies and Credit Unions Act 1982, and industrial and provident societies registered under the Industrial and Provident Societies Act 1908 are eligible to obtain a New Zealand Business Number (NZBN).