Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Liquidation - High Court may put society into liquidation

211: Limit on liquidation where society has fewer than 10 members

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"What happens if a society has fewer than 10 members and might be closed down?"

Illustration for Incorporated Societies Act 2022

You can put a society into liquidation under section 210(a) if it has fewer than 10 members, but only if the Registrar applies for it and the Registrar has given the society 6 months' notice to increase its membership as required by section 75. The Registrar must follow section 75, which means giving the society 6 months to get more members. This rule does not stop a society from being put into liquidation under sections 210(b) to (i).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS254745.

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210: High Court may put society into liquidation, or

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Part 5Removal from register, amalgamation, liquidation, and other processes
Liquidation: High Court may put society into liquidation

211Limit on liquidation where society has fewer than 10 members

  1. A society may be put into liquidation in the circumstance specified in section 210(a) only if—

  2. the application for the appointment of a liquidator of the society is made by the Registrar; and
    1. the Registrar has complied with section 75 (which requires the Registrar to give a society 6 months’ notice to increase its membership).
      1. Nothing in this section or section 75 prevents a society from being put into liquidation under section 210(b) to (i).