Incorporated Societies Act 2022

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

194: Approval of amalgamation proposal

You could also call this:

"Agreeing to Join Two or More Societies Together"

Illustration for Incorporated Societies Act 2022

You need to follow some steps when societies want to amalgamate. The committee of each society must agree that amalgamating is best for their society. They must also be satisfied the new society will be solvent, as explained in section 195. You must approve the amalgamation proposal in your society. This is done by voting on it, with most members agreeing to it. Your society's constitution will explain how this vote should happen. The vote must follow your society's rules, which are outlined in its constitution. This ensures the amalgamation is done fairly and correctly. You should check your society's constitution to understand how this process works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101088.

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193: Information relating to proposal for members, creditors, and public, or

"Information About a Society's Amalgamation Plan for Members, Creditors, and the Public"


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195: Solvency test for amalgamations, or

"A society must have enough assets to pay its debts when it merges with another society."

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

194Approval of amalgamation proposal

  1. The committee of each amalgamating society must resolve that,—

  2. in its opinion, the amalgamation is in the best interests of the amalgamating society; and
    1. the committee is satisfied, on reasonable grounds, that the amalgamated society will, on amalgamation, satisfy the solvency test under section 195.
      1. The amalgamation proposal must be approved by each amalgamating society—

      2. by a resolution that is approved by a simple majority or, if a higher majority is required by the constitution, that higher majority, of the votes of those members entitled to vote and voting on the question; and
        1. in accordance with its constitution.