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Incorporated Societies Act 2022

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

204: Other registers

You could also call this:

"Proof of ownership when societies merge"

Illustration for Incorporated Societies Act 2022

You do not have to change the name of an old society to the name of a new society in some records just because the societies have merged. When a new society shows a document to a registrar, it is enough proof that the new society now owns the property, unless someone can prove otherwise. You can trust that the property belongs to the new society if the document says so and it is about property the old society owned before merging. You can consider a document as proof of ownership if it is signed by the new society, is about property the old society owned, and says the property now belongs to the new society. This part of the law does not change the Land Transfer Act 2017, except for what is said in this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101099.

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203: Effect of certificate of amalgamation, or

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

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"A combined group can get a certificate to prove they own something."

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

204Other registers

  1. Neither the Registrar-General of Land, nor any other person charged with keeping any books or registers, is obliged to change the name of an amalgamating society to that of an amalgamated society in those books or registers or in any documents solely because an amalgamation has been effected under this subpart.

  2. The presentation of a specified instrument to a registrar or any other person is, in the absence of evidence to the contrary, sufficient evidence that the property to which the instrument relates has become the property of the amalgamated society.

  3. A specified instrument is an instrument that—

  4. is executed or purports to be executed by the amalgamated society; and
    1. relates to any property held immediately before the amalgamation by an amalgamating society; and
      1. states that the property has become the property of the amalgamated society under this subpart.

        1. This subpart does not limit the Land Transfer Act 2017 except as provided in this section.