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Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Removal from register - Procedural requirements before removal

183: Liability of officers, members, and others to continue

You could also call this:

"Being responsible for things you did in a society that is no longer registered"

Illustration for Incorporated Societies Act 2022

If you were an officer or member of a society that has been removed from the register, you can still be held responsible for things you did or did not do while you were part of the society. Your liability continues even though the society is no longer on the register. You may want to look at the Limitation Act 2010, which can affect some claims made against you, and can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2033100.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101076.

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Topics:
Business > Industry rulesMoney and consumer rights > Consumer protection
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182: Court may order that society not be removed, or

"Court can stop a society being removed from the register if it's unfair"

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184: Restoration to register, or

"Putting a society back on the register"

Part 5Removal from register, amalgamation, liquidation, and other processes
Removal from register: Procedural requirements before removal

183Liability of officers, members, and others to continue

  1. The removal of a society from the register does not affect the liability of any former officer or member of the society or any other person in respect of any act or omission that took place before the society was removed from the register.

  2. The liability continues and may be enforced as if the society had not been removed from the register.

  3. See, however, the Limitation Act 2010, which provides defences to certain claims that are filed after an applicable period of time (for example, 6 years after the date of the act or omission on which the claim is based).

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