Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Compromises with creditors

207: Compromises with creditors

You could also call this:

"Making deals with people your society owes money to"

Illustration for Incorporated Societies Act 2022

You are part of a society that owes money to people. The rules from the Companies Act 1993 apply to your society. These rules help your society make deals with the people it owes money to. You need to understand what some words mean in these rules. When the rules say "creditor", they mean someone the society owes money to. The rules also say "committee of the society" when they mean the people in charge of the society. The rules use other words that have special meanings too. They say "member of the society" when they mean someone who belongs to the society. They also say "Registrar" when they mean the person defined in section 5. These words help the rules make sense for your 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=LMS101102.

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206: Powers of court in other cases, or

"The court can help if a society's plan is unfair to you."


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208: Members may resolve to put society into liquidation, or

"A society can be closed down if its members agree to appoint a liquidator."

Part 5Removal from register, amalgamation, liquidation, and other processes
Compromises with creditors

207Compromises with creditors

  1. Part 14 and Schedule 5 of the Companies Act 1993 apply to a society with all necessary modifications as if it were a company.

  2. For the purposes of this subpart, a reference in Part 14 or Schedule 5 of the Companies Act 1993 to—

  3. a creditor must be treated as including a reference to—
    1. a person who, in a liquidation, would be entitled to claim that the society owes a debt to them; and
      1. a secured creditor:
      2. the board of directors of the company must be treated as a reference to the committee of the society:
        1. a shareholder of the company must be treated as a reference to a member of the society:
          1. a reference to the Registrar must be treated as a reference to the Registrar as defined in section 5.