BvonD News
GOVERNING CHARITABLE TRUSTS AND CHARITABLE SOCIETIES
This article has been prepared to help trustees of a charitable trust or committee members of a charitable society governing the charity more readily to understand the obligations they assume when appointed or elected.
Not-for-Profits and Anti-Money Laundering and Countering Financing of Terrorism
Risks relating to Money Laundering or Financing of Terrorism The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT) is intended to prevent money-laundering by criminals and the financing of terrorism. Societies and charitable trusts (“not-for-profits”) and those providing them with services (such as legal, accounting and banking) are now affected by this legislation: […]
Be Prepared – Incorporated Societies Law Reform
According to comic Tom Lehrer, “Be Prepared” is the Boy Scouts’ marching song. That clarion call should now be resounding in the ears of all New Zealand lawyers as replacement of the Incorporated Societies Act 1908 looms.
Overview of Proposed New Incorporated Societies Act
2015 Article, updated June 2018 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. The Exposure Draft of the Incorporated Societies Bill released in November 2015 (see http://www.mbie.govt.nz/info-services/business/business-law/incorporated-societies), largely followed the recommendations in the 2013 Law Commission Report […]
Third Party Approval to Change Constitutions
Late last year, a reader raised an issue for consideration in this series of articles, saying:
Over the years I have had cause to read many constitutional documents, perhaps more carefully than some of the officers or members of the societies concerned…
What should supplement a constitution
Many trust deeds and society rules are cluttered with material that need not be there, but should be in supplementary documents which can be changed more readily than the constitution.
Economic Development – Charitable?
The promotion of industry and commerce has been long been held to be charitable in both England and New Zealand…
The Need for an Effective Societies’ Complaints Mechanism
My articles generate a number of enquiries and responses, but few are more difficult to answer than the type of enquiry set out below…
Resolving deadlocks in Societies and Charities
At a recent mediation, a mediator observed that those who go to Court should be seeing a psychiatrist rather than a lawyer. That is doubly true where society deadlocks cannot be resolved
Responsibilities of those in Governance
Judging from email correspondence I have received, my last article (“Liability of Charitable Trustees”) appears to have hit some raw nerves, as I have received illustrations of (allegedly) inappropriate behaviour by those governing community organisations.