Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Other matters relating to removal or liquidation of society

218: When distribution under constitution does not apply

You could also call this:

"When You Don't Have to Follow the Rules for Distributing Assets"

Illustration for Incorporated Societies Act 2022

You do not follow the rules in section 216(1)(a) and (b) if you cannot identify the not-for-profit entity with reasonable certainty. You also do not follow these rules if no not-for-profit entity exists. An effective resolution approved under subpart 6 for the purposes of section 216(1)(c) is another reason. You do not follow the rules if the Registrar decides section 216(2) applies. The Registrar making a direction under section 216(1)(d) is also a reason. This means you do not have to follow the rules in certain situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS254747.

This page was last updated on 4 January 2026 — View changes

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rules

217: How resolution may be passed after society is removed, or

"Passing decisions after a society is removed from the register"

219: Extent of inquiries that must be made, or

"What you need to find out when a society closes down"

Part 5Removal from register, amalgamation, liquidation, and other processes
Other matters relating to removal or liquidation of society

218When distribution under constitution does not apply

Section 216(1)(a) and (b) does not apply if—
the not-for-profit entity or entities cannot be identified with reasonable certainty or no nominated not-for-profit entities currently exist; or
an effective resolution has been approved under subpart 6 for the purposes of section 216(1)(c); or
the Registrar has decided that section 216(2) applies or has made a direction under section 216(1)(d).