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Incorporated Societies Act 2022

Incorporation of societies - Application for incorporation

11: Registrar must refuse incorporation if name of society does not comply with requirements

You could also call this:

"The Registrar says no to a society's name if it's not allowed by law."

Illustration for Incorporated Societies Act 2022

The Registrar checks the name of a society before it can be incorporated. You cannot use a name that breaks any laws or is too similar to another society's name. The Registrar also checks if the name is misleading, offensive, or does not include the right words at the end, such as "Incorporated", "Inc", or "Manatōpū", as required by the Companies Act 1993. If the Registrar says no to a name, you can try to incorporate the society with a different name that fixes the problem. In some cases, you can use a similar name if the other society agrees and the Registrar thinks it is okay. The Registrar wants to make sure the name is fair and does not confuse people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS100866.

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10: Registrar has discretion about nature and extent of consideration of application, or

"The Registrar chooses how closely to look at your society application."

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12: Registrar must refuse incorporation if Registrar considers that purposes do not comply with Act, or

"The Registrar says no to a society if its goals don't follow the law."

Part 2Incorporation of societies
Application for incorporation

11Registrar must refuse incorporation if name of society does not comply with requirements

  1. The Registrar must refuse to incorporate a society under a name if, in the Registrar’s opinion,—

  2. the use of the name would contravene any legislation; or
    1. the name is identical or almost identical to the name of any other society, company carrying on business in New Zealand (whether incorporated in New Zealand or not), or other body corporate established or registered in New Zealand; or
      1. the name is identical or almost identical to a name that has already been reserved under the Companies Act 1993 and that is still available for registration under that Act; or
        1. the name is likely to mislead the society’s members or the public about the society’s nature or identity; or
          1. the name is offensive; or
            1. the name does not include the word Incorporated, Inc, or Manatōpū (or 2 or more of those words) as the last word or words of the name.

              1. If the Registrar refuses to incorporate a society under subsection (1), the society may be incorporated under a name that has been amended to address (to the Registrar’s satisfaction) the matter referred to in that subsection.

              2. Subsection (1)(b) does not apply if—

              3. the other society, company, or body corporate gives its consent in the manner prescribed by the regulations; and
                1. the Registrar is satisfied that the society’s use of the name will not be contrary to the public interest.

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