NfP Law Societies

Incorporated Societies – Transitioning to the new Regime under the Incorporated Societies Act 2022

1. Introduction An article, “The New Incorporated Societies Act – Guide for Societies”, at sets out information about the reforms effected by the Incorporated Societies Act 2022 Act. This (rather long) article sets out in detail what I believe existing incorporated societies now need to do to re-register a society under the new Act […]

The New Incorporated Societies Act – Guide for Societies

NOTE: (i) These notes, prepared by Mark von Dadelszen, provide a brief overview of the more significant elements of the Incorporated Societies Act 2022 which has now replaced the 1908 Act. (ii) New and existing societies should now be adopting new constitutions that comply with the new Act. (iii) There are estimated to be 24-26,000 […]

Covid-19 Policies for Not-for-Profit Organisations

Introduction Most not-for-profit organisations recognise that they have a moral duty to ensure the health and safety of their members and others who attend those activities.  They have a statutory duty do so under the Health and Safety at Work Act 2015 if they employ one of more people. The Covid-19 pandemic has created a […]

Societies and Trusts losing their way

Is there a problem?  Members of a society or trustees of a charitable trust may be concerned that the entity has “lost its way.”  That phrase can apply to a not-for-profit entity in different circumstances and be evidenced in a number of ways: Falling attendances at entity events and meetings, Vocal grumbling amongst the membership […]

What should supplement a constitution?

In my article, “Responsibilities of those in Governance,LINK” I mention the need for those governing a community organisation to be aware of what is in the organisation’s “constitutional documentation, including any policy, strategic and regulatory documents.”  Many trust deeds and society rules are cluttered with material that need not be there, but should be in […]

What should a Society’s Rules cover?

Some of what should be in a society’s rules is required by law, but those requirements are (under the Incorporated Societies Act 1908 and Charitable Trusts Act 1957) very basic, and inadequate to provide the framework for good governance and good relationships between a society and its members and between the members themselves.  The new […]

Types of Society

Issues The first interview with people wanting to form a society is usually interesting, as there are issues to be discussed they have never thought of.  Generally, I try to avoid getting into details immediately, as I think it is important to understand what may be required by exploring: What the organisation is already doing […]

Third Party Approval to Change Constitutions

What is the issue?  In 2011, a reader of my articles 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.  Frequently there is a clause relating to […]

The Need for an Effective Societies’ Complaints Mechanism

A Society Problem Ever since I started writing and publishing articles about not-for-profit entities in 2010 those articles have generated various enquiries and responses, but few are more difficult to answer than the type of enquiry set out below (for obvious reasons, the details have been changed): Hi Mark.  I have just read one of […]

Residents’ Societies and the proposed new Incorporated Societies Act

Introduction A common method of arranging for the running and maintenance of common infrastructure in residential developments is to form an incorporated society to manage common infrastructure (such as roading, pedestrian paths, water reticulation, drainage and sewerage treatment systems and common area gardens), and often to control what ancillary building may be placed on residents’ […]