Author: Mark van Dadelszen
Published: 26 May 2022
Pages: 43

Introduction

The Incorporated Societies Act 2022 (the 2022 Act) provides for a transitional period during which every existing incorporated society must decide whether or not to retain its incorporated status by seeking re-registration, and if it opts to reregister to check that its constitution complies with the requirements of the new statute. As discussed in chapter 2, I interpret the “transition date” as being 1 December 2025. Most societies will have much to do over the next three years to be certain of retaining their incorporated status. Most lawyers are members of societies, and most of those are incorporated societies. Many societies look to their lawyer members for advice about the society’s constitution and other legal issues affecting the society (such as the implications of the Health and Safety at Work Act 2015). Lawyers who simply belong to a society or have, in the past, advised or drafted constitutions for incorporated societies, can now expect those societies to look to them for advice about the 2022 Act, especially in relation to drafting a new constitution which virtually all existing incorporated societies will require.

 

Content outline

• Winding up a trust
• How can the trust be wound up?
• Practical issues and considerations

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