Has your incorporated society recently received a notice from the Registrar of Incorporated Societies stating that your society must reregister before 5 April 2026 to continue operating, or it will be removed from the register?
If so, your society must take action, whether or not it wishes to continue operating.
To reregister
If your society does wish to continue operating, then it will need to reregister under the Incorporated Societies Act 2022 (Act). This needs to be done before 5 April 2026. It is a key requirement for reregistration, is that a society must to have a constitution that meets the requirements of the Act. For more information click here.
Not to reregister
If your society does not wish to continue operating, action still needs to be taken before 5 April 2026. Your society may want to wind up (through a liquidation or dissolution process) or amalgamate with another society. Failure to take action will result in the society being removed from the register and it will cease to exist. This means that the society will not have a separate legal identity, and members/committee members could be held personally liable for the society’s debts or obligations (such as loans, leases or contractual commitments).
Ceasing to exist also means completing the process of realising and disposing of the society’s surplus assets using the process set out in the Act, by the Registrar (or a person they choose). The society and its members may lose control over this process.
Any wind up or amalgamation process prior to being removed from the register will need to be undertaken in accordance with the society’s constitution or rules. This usually requires member approval at a general meeting.
NWM can help
Norris Ward McKinnon has a specialist team that is helping many societies with these processes. We are happy to help your society and can provide legal services tailored to meet your society’s needs. Don’t hesitate to contact us to discuss the available options and costs.
Chris Steenstra and Fiona Anthony are part of our Corporate & Commercial team at Norris Ward McKinnon.
