Plain language law

New Zealand law explained for everyone

Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Removal from register

175: Grounds for removal from register

You could also call this:

"When a society can be removed from the register"

Illustration for Incorporated Societies Act 2022

The Registrar can remove a society from the register if you ask them to. You can ask if the society is not following the rules in section 176. The Registrar can also remove a society if they think it is not operating. The Registrar can remove a society if they think its rules do not follow this Act. They can also remove a society if it does not have at least 10 members after being told to increase membership as stated in section 75. The Registrar can remove a society if they think it has failed to follow its duties. The Registrar can remove a society if it fails to report its finances or file annual returns as required by sections 102, 104, 105, and 109. They can also remove a society if it is put into liquidation and no liquidator is acting. The Registrar can remove a society if a liquidator sends them certain documents as stated in section 257(1)‎(a) of the Companies Act 1993. The Registrar can remove a society from the register if it is amalgamating on the date set out in the certificate of amalgamation under section 198. This means the society is joining with another society. The Registrar can remove the society that is amalgamating.

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 It might be out of date or be missing some parts.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=LMS101067.

This page was last updated on — View changes

Topics:
Business > Industry rules
Previous

174: Removal from register, or

"What happens when a society is removed from the list"

Next

176: When society may request removal, or

"When a society can ask to be removed from the register"

Part 5Removal from register, amalgamation, liquidation, and other processes
Removal from register

175Grounds for removal from register

  1. The Registrar may remove a society from the register if—

  2. a request that the society be removed on either of the grounds specified in section 176 is sent or delivered to the Registrar by—
    1. a member authorised to make the request by a resolution of members passed under subpart 6; or
      1. the committee or any person, if the society’s constitution so requires or permits; or
      2. the Registrar has reasonable grounds to believe that—
        1. the society is no longer operating; and
          1. there is no proper reason for the society to continue to exist; or
          2. the Registrar has reasonable grounds to believe that—
            1. the society’s constitution does not comply with this Act; and
              1. the failure to comply is material; or
              2. the Registrar has given the society written notice under section 75 requiring the society to increase its membership to ensure that it has at least 10 members and the society has not complied as referred to in section 75(2); or
                1. the Registrar has reasonable grounds to believe that the society, or 1 or more of its officers, has failed in a persistent or serious way to comply with duties relating to the society under this Act; or
                  1. the Registrar has reasonable grounds to believe that the society has failed to comply with—
                    1. any of sections 102, 104, 105, and 109 (which relate to financial reporting and annual returns); or
                      1. a term or condition imposed under regulations made under section 254(1)(w) (which relates to the conversion of entities into incorporated societies); or
                      2. the Registrar has reasonable grounds to believe that the society or any other person has failed to comply with a term or condition imposed by the Registrar under clause 7(3) of Schedule 1 (which relates to the transitional reregistration of societies); or
                        1. the society has been put into liquidation, and—
                          1. no liquidator is acting; or
                            1. the documents referred to in section 257(1)(a) of the Companies Act 1993 (as applied by subpart 4) have not been sent or delivered to the Registrar within 6 months after the liquidation of the society is completed; or
                            2. a liquidator sends or delivers to the Registrar the documents referred to in section 257(1)(a) of the Companies Act 1993 (as applied by subpart 4).

                              1. The Registrar may also remove a society from the register if the society is an amalgamating society, other than an amalgamated society, on the date set out in the certificate of amalgamation under section 198.

                              Compare