Re-Register Your Incorporated Society Under the New Act

The Incorporated Societies Act 2022 (the new Act) has brought significant changes, requiring all existing incorporated societies to re-register under the new legislation. At Grayson Clements, we understand the complexities of this transition and are here to guide you through the re-registration process seamlessly.

Why Re-Register?

The new Act, which came into force on 5 October 2023, replaces the Incorporated Societies Act 1908. Societies must re-register under the new Act before 5 April 2026 to remain legally recognized. Re-registering ensures compliance with updated governance requirements, enhancing transparency and operational efficiency.

Key Re-Registration Requirements

To successfully re-register, your society must meet several requirements:

• Compliant Constitution/Rules: Societies need to update their constitution to align with the new Act.
• Proper Governing Committee: A committee responsible for managing the society’s operations is mandatory.
• Officers’ Duties: These are based on similar provisions for directors under the Companies Act 1993.
• Membership Process: Clear procedures for becoming and ceasing to be a member, including member consent.
• Contact Person: At least one designated contact person for the society.
• Dispute Resolution Procedure: A mandatory and compliant process.
• Minimum Number of Members: Ensuring the society meets the required member count.

Common Challenges and Solutions

Many societies may find updating their constitution and rules challenging. Here are our three key tips to ensure a smooth re-registration process:

1. Plan Ahead: Develop a plan to update your constitution/rules and obtain necessary approvals well in advance.
2. Seek Informed Advisors: Professional guidance can make the process seamless and successful.
3. Bespoke Constitutions: Avoid relying solely on templates, as they may not fit your organisation’s unique needs, leading to potential disputes and costs.

How We Can Help

At Grayson Clements, we offer comprehensive services to assist incorporated societies:

• Review and Update Constitution: Ensure your constitution complies with the new Act and make necessary changes.
• Structure Assessment: Evaluate if your current structure is suitable and advise on alternative structures if needed.
• Winding-Up and Asset Transfer: Provide advice on ceasing operations and transferring assets if appropriate.

Act Now

The re-registration deadline is April 2026, but extensive changes may be required for many societies. Starting the process now allows ample time for necessary adjustments and member consideration. Contact our team today to begin your re-registration journey and ensure your society remains compliant and well-governed under the new Act.