Talk:Introductory rules

Help text from Constitution Builder

Definitions

Some words throughout these ‘model rules’ are shown in bold type. What those words mean is set out here.

Where the words are used in a society’s constitution, they should be in bold type to remind users that they are specifically defined in these rules.

The name of the Society (mandatory section)

Every society must have a name that ends with the word 'Incorporated', 'Inc' or the word 'Manatōpū'. You can choose to use a combination of these words as the last words of the society's name.

There are restrictions in the Act around what you can use for your society’s name, such as —

• It is not identical or almost identical to a name that has already been reserved under the Companies Act 1993 and that is still available for registration under that Act; or
• It is not likely to mislead the society's members or the public about the society's nature or identity; or
• It does not contravene any legislation; or
• It is not offensive (in the opinion of the Registrar).

Charitable status (mandatory section)

A society that exists for charitable purposes (that is, it seeks to advance education, to relieve poverty, to advance religion, or any other matter beneficial to the community) is entitled to register with Charities Services as a charity under the Charities Act 2005.

• Registration under the Incorporated Societies Act establishes a society as a legal entity separate from its members, while
• Registration under the Charities Act 2005 gives a society charitable status under that Act and enables members of the public to determine that the society is a charity.

Note — The charitable status chosen controls which rule variations are available to you in other parts of the constitution builder. For example, if your society intends to also register as a charity under the Charities Act 2005 you must record appropriate information in your society's purposes.

The purposes of the society (mandatory section)

The constitution of every society must set out its 'objects' or purposes (what it intends to do or achieve). Importantly your society's purpose cannot be for the financial gain (benefit) of its members. Where the society exists for charitable purposes (seeking to advance education, relieve poverty, advance religion, or any other matter beneficial to the community) those purposes need to be described in more detail in this rule. This is particularly important if your society intends to also register as a charity under the Charities Act 2005.

Act and regulations (recommended section)

This rule is a reminder that a society’s constitution, which regulates its activities, must be consistent with New Zealand legislation.

Restrictions on SCANZ powers (Optional)

By default, a society has the powers of a natural person, but it must not be carried on for the financial gain of any of its members.

If the society should have its powers restricted in any way (for instance to prohibit borrowing), this should be set out here.

Registered office (recommended section)

Under the Act, every incorporated society is required to have a street address to which official letters and documents can be sent or delivered.

Any time your society changes its registered office address you must update the address on the Incorporated Societies Register (along with Charities Services if the society is also registered under the Charities Act 2005).

Documents can be served on your society, including in legal proceedings, by leaving them at the society's registered office, or by delivery to an officer or employee of your society at the society’s registered office.

Contact person (mandatory section)

Every incorporated society must have at least one contact person, and no more than 3, that the Registrar can contact when needed. Every contact person must be at least 18 years of age and ordinarily resident in New Zealand.

A contact person's details will not be published on the Incorporated Societies Register but will be used by the Registrar to contact the society. For example, a contact person would receive notifications from the Registrar and reminders to file certain documents. It is important that you choose an appropriate contact person, and preferably a committee officer.