Incorporated Societies Act 2022

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

203: Effect of certificate of amalgamation

You could also call this:

"What happens when societies merge and get a new certificate"

Illustration for Incorporated Societies Act 2022

When a certificate of amalgamation is issued, you need to know what happens next. The amalgamation takes effect from the date shown on the certificate. The new society gets the name stated in the amalgamation proposal if it is the same as one of the old societies. You should be aware that the Registrar removes the old societies from the register, except for the new one. The new society takes over all the property and rights of the old societies. It also takes over all their debts and responsibilities. If there are any court cases involving an old society, they can continue with the new society instead. Any court decisions made about an old society can still be enforced, but now they apply to the new society.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101094.

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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."


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204: Other registers, or

"Proof of ownership when societies merge"

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

203Effect of certificate of amalgamation

  1. On and from the date shown in a certificate of amalgamation,—

  2. the amalgamation is effective; and
    1. if it is the same as a name of one of the amalgamating societies, the amalgamated society has the name specified in the amalgamation proposal; and
      1. the Registrar must remove the amalgamating societies, other than the amalgamated society, from the register; and
        1. the amalgamated society succeeds to all the property, rights, powers, and privileges of each of the amalgamating societies; and
          1. the amalgamated society succeeds to all the liabilities and obligations of each of the amalgamating societies; and
            1. proceedings pending by, or against, an amalgamating society may be continued by, or against, the amalgamated society; and
              1. a conviction, ruling, order, or judgment in favour of, or against, an amalgamating society may be enforced by, or against, the amalgamated society.