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New Zealand law explained for everyone

Building Societies Act 1965

Constitution of building societies - Name of society

23: Change of name

You could also call this:

“How to change the name of your building society”

You can change the name of your society by getting a special agreement from your members. This is called a special resolution.

If you accidentally choose a name that’s not allowed when you first register your society, or when you change its name, you need to fix it. The Registrar will tell you if this happens. You then have 6 weeks to change the name to one that’s allowed. You can ask for more time if you need it.

When you change your society’s name, you must tell the Registrar in writing within 14 days. The Registrar will then check if the new name is okay. If it is, they will register it.

Changing your society’s name doesn’t change any of its rights or responsibilities. It also doesn’t change anything for the society’s members or anyone else involved with it.

If you don’t tell the Registrar about the name change in time, your society is breaking the law. The people in charge of the society who didn’t follow this rule are also breaking the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM371610.

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Part 2 Constitution of building societies
Name of society

23Change of name

  1. Subject to the provisions of this Act, a society may change its name by special resolution.

  2. If, through inadvertence or otherwise, a society at its first registration under this Act or on its registration in a new name is registered in a name which is in contravention of section 21, or of any enactment, other than this Act, relating to restrictions on the use of any name, the society shall, within a period of 6 weeks from the date of its being required by the Registrar to do so, or within such further period as he or she may allow, change its name by resolution to a name that is not in contravention as aforesaid.

  3. The society shall give notice in writing of any such change to the Registrar for registration within 14 days after the passing of the special resolution or resolution, as the case may be.

  4. On receipt of the notice the Registrar shall, unless in his or her opinion the new name is undesirable, register the new name.

  5. Repealed

  6. Any such change of name shall not affect the rights and obligations of the society or of any of its members or of any other person concerned.

  7. If a society fails to send to the Registrar a notice of any change of name within the time prescribed or allowed by this section the society, and every officer of the society who is in default, shall be guilty of an offence against this Act.

Compare
  • 1908 No 18 s 24
  • Building Societies Act 1962 s 16 (UK)
Notes
  • Section 23(3): amended, on , by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
  • Section 23(4): amended, on , by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
  • Section 23(5): repealed, on , by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).