Incorporated Societies Act 2022

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

201: Amalgamation must not proceed if Registrar considers that constitution does not comply with Act

You could also call this:

"Society can't merge if its rules don't follow the law"

Illustration for Incorporated Societies Act 2022

You are part of an amalgamated society. The Registrar checks your society's proposed constitution. If the Registrar thinks it does not comply with the Act, they look at subpart 3 of Part 3. The Registrar makes a decision based on this. You need to amend your constitution if the Registrar is not satisfied. The Registrar checks if the changes are okay. They do this before they act under section 198. The Registrar waits until you fix the issues with your constitution. They want to make sure it meets the Act's requirements. Then they can proceed with their work under section 198.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101093.

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200: Amalgamation must not proceed if Registrar considers that purposes do not comply with Act, or

"The Registrar stops a society from amalgamating if its purposes are against the law."


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202: Registrar has discretion about nature and extent of consideration of amalgamation proposal, or

"The Registrar decides how to consider a plan to merge societies."

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

201Amalgamation must not proceed if Registrar considers that constitution does not comply with Act

  1. This section applies if the Registrar considers that the proposed constitution of an amalgamated society does not comply with the requirements of this Act (see subpart 3 of Part 3).

  2. The Registrar must refuse to act under section 198 until the constitution is amended to address (to the Registrar’s satisfaction) the matter referred to in subsection (1).