✨ Incorporated Societies Regulations
3268
THE NEW ZEALAND GAZETTE.
[No. 106
be furnished to the Registrar on application shall be accompanied by a declaration in the Form E in the Appendix hereto.
- Every society incorporated under the said Act shall deliver annually to the Registrar, in such form as he may require, a statement, accompanied by a certificate signed by an officer of the society that the statement has been submitted to and approved by the members of the society at a general meeting, containing the following particulars:—
(1.) The income and expenditure of the society’s last financial year;
(2.) The assets and liabilities of the society at the close of the said year;
(3.) All mortgages, charges, and securities of any description affecting any of the property of the society at the close of the said year.
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There shall be a register, to be called “The Register of Incorporated Societies.” Such register shall contain the particulars set out in Form H hereto.
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Subject to any express provisions in its rules, a society may be wound up voluntarily if the society at a general meeting of its members passes a resolution requiring the society to be wound up, and the resolution is confirmed at a subsequent general meeting called for that purpose and held not earlier than thirty days after the date on which the resolution to be confirmed was passed.
A voluntary winding-up shall be deemed to commence on the passing of the resolution authorising such winding-up.
The society in general meeting shall appoint such persons or person as it thinks fit to be liquidators or liquidator for the purpose of winding up the affairs of the society and distributing its assets, and may fix the remuneration to be paid to them or him.
- (1.) Except where otherwise especially provided in the rules of the society, a resolution passed by a society shall be deemed to be a “special resolution” if—
(a.) Passed by a majority of not less than three-fourths of such members of the society entitled under the rules of the society to vote as are present in person at any general meeting of which notice stating the intention to propose such resolution has been duly given; and
(b.) Confirmed by a majority of such members for the time being entitled according to the rules of the society to vote as are present in person at a subsequent general meeting of which notice has been duly given, held at an interval of not less than thirty days nor more than two months from the date of the meeting at which such resolution was first passed.
(2.) At any meeting for winding up a society voluntarily, unless a poll is demanded by at least five members, a statutory declaration of the chairman that any resolution has been carried shall be deemed conclusive evidence of the fact, without proof of the number or proportion of the votes recorded in favour of or against the same.
Notice of any special resolution passed for winding up a society voluntarily shall be published for at least three successive days in some newspaper circulating in the district where the society carries on operations or has its principal office or place of business.
- The declaration made and published by the Registrar that a society is dissolved on the grounds that it is no longer carrying on operations and has no assets shall be in the Form F, and any declaration revoking the declaration of dissolution shall be in the Form G in the Appendix hereto.
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APPENDIX.
FORM A.—DECLARATION BY AN OFFICER OF A SOCIETY OR A SOLICITOR THAT A MAJORITY OF MEMBERS CONSENT TO INCORPORATION, AND THAT THE SEALED RULES ARE THE RULES OF THE SOCIETY.
I, , of , do solemnly and sincerely declare as follows:—
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That a majority of the members of the Society [or as the case may be] have consented to the application for the incorporation of the said society, and that such consent has been obtained [State mode in which consent has been obtained].
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That the rules accompanying the application signed and sealed by the subscribers are the rules of the society.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1908.”
………………
Declared at , this day of , one thousand nine hundred and , before me— , a Justice of the Peace or a Solicitor.
FORM B.—CERTIFICATE OF INCORPORATION.
I CERTIFY that the is incorporated under “The Incorporated Societies Act, 1908.” Dated at , this day of , 19 .
[Seal.]
Registrar of Incorporated Societies.
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FORM C.—DECLARATION BY A MEMBER OF A SOCIETY OR A SOLICITOR THAT THE ALTERATION IN THE RULES IS IN ACCORDANCE WITH THE RULES OF THE SOCIETY.
I, , of , do solemnly and sincerely declare that the alteration of the rules of the Society as set out in the document, marked “A,” hereto annexed has been made in accordance with the rules of the Society.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act intituled “The Justices of the Peace Act, 1908.”
Declared at , this day of , one thousand nine hundred and , before me— , a Justice of the Peace or a Solicitor.
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FORM D.
I HEREBY give notice, pursuant to the power conferred upon me by “The Incorporated Societies Act, 1908,” that by an alteration of the rules of the , duly authorised by the members thereof, the name of the has been altered to as from the day of .
Dated this day of , 19 .
………………
Registrar of Incorporated Societies.
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FORM E.—DECLARATION TO ACCOMPANY A LIST OF THE NAMES, ADDRESSES, AND OCCUPATIONS OF MEMBERS OF AN INCORPORATED SOCIETY.
I, , of , do solemnly and sincerely declare that the accompanying document, marked “A” and signed by me, is a complete list of the names, addresses, and occupations of the members of the Society, compiled from the register kept in pursuance of section 22 of “The Incorporated Societies Act, 1908.”
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1908.”
Signature of declarant: .
Declared at , this day of , one thousand nine hundred and , before me— , a Justice of the Peace or a Solicitor.
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FORM F.—DECLARATION BY THE REGISTRAR DISSOLVING A SOCIETY.
I, , Registrar of Incorporated Societies, do hereby declare that, as it has been made to appear to me that the Society is [State grounds of dissolution], the aforesaid society is hereby dissolved in pursuance of section 28 of “The Incorporated Societies Act, 1908.”
Dated at , this day of , 19 .
………………
Registrar of Incorporated Societies.
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FORM G.—DECLARATION REVOKING THE DISSOLUTION OF A SOCIETY.
I, , Registrar of Incorporated Societies, do hereby declare that the declaration made by me on the day of dissolving the Society was made in error, and the said declaration is accordingly hereby revoked in pursuance of section 28, subsection (3), of “The Incorporated Societies Act, 1908.”
Dated at , this day of , 19 .
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Registrar of Incorporated Societies.
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FORM H.—REGISTER OF INCORPORATED SOCIETIES UNDER “THE INCORPORATED SOCIETIES ACT, 1908.”
| Register No., and Date of Entry. | Name of Society. | Date of Incorporation. | Registered Office. | Remarks. | Index. |
|---|---|---|---|---|---|
ALEX. WILLIS,
Clerk of the Executive Council.
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- ALEX. WILLIS, Clerk of the Executive Council
NZ Gazette 1908, No 106