Plain language law

New Zealand law explained for everyone

Incorporated Societies Act 2022

Administration of societies - Other administration matters - Authority to bind society

124: Attorneys

You could also call this:

"Appointing someone to make decisions for your society"

Illustration for Incorporated Societies Act 2022

You can appoint a person to act on behalf of your society. This person is called an attorney and they can make decisions for your society. You appoint them using a special document signed as stated in section 123(1)(a). You can choose if the attorney has control over everything or just certain matters. However, you must follow your society's rules when appointing an attorney. The attorney's actions will be binding, meaning they will affect your society. Certain rules from the Property Law Act 2007 apply to the attorney's power. These rules treat your society like a person. If your society is liquidated or removed from the register, it will be like the power of attorney has been revoked.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101011.

This page was last updated on — View changes

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
Previous

123: Method of contracting, or

"How a society can make a contract"

Next

125: Service of documents, or

"How to give important papers to a society"

Part 3Administration of societies
Other administration matters: Authority to bind society

124Attorneys

  1. A society may, by an instrument signed under section 123(1)(a), appoint a person as its attorney either generally or in relation to a specified matter.

  2. Subsection (1) is subject to the society’s constitution.

  3. An act of the attorney under the instrument binds the society.

  4. Sections 19 to 21 of the Property Law Act 2007 apply, with all necessary modifications, in relation to the power of attorney—

  5. to the same extent as if the society were a natural person; and
    1. as if a commencement of the liquidation of the society, or a removal of the society from the register, were an event revoking the power of attorney within the meaning of those sections.

      Compare