Liquidation and removal from the register: Difference between revisions

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Approved at August 2025 AGM
 
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{{ChapterInfo|SCANZ Draft Constitution|10|Liquidation and removal from the register}}
{{ChapterInfo|SCANZ Constitution handbook|10|Liquidation and removal from the register}}
{| class="wikitable" style="margin-left: 10px;"
|Text in ''italics'' has been added for our purposes including content from our previous rules of incorporation. Plain text is from the Companies Office's [https://isb.companiesoffice.govt.nz/constitutionbuilder/ Constitution Builder]. Items in '''bold''' are defined terms.
|}
==Resolving to put SCANZ into liquidation==
==Resolving to put SCANZ into liquidation==
#'''''SCANZ''''' may be liquidated in accordance with the provisions of Part 5 of the '''Act'''.
#'''SCANZ''' may be liquidated in accordance with the provisions of Part 5 of the '''Act'''.
#The '''committee''' shall give ''6 weeks'' written '''notice''' to all '''members''' of the proposed resolution to put '''''SCANZ''''' into liquidation.
#The '''committee''' shall give 6 weeks written '''notice''' to all '''subscribing members''' of the proposed resolution to put '''SCANZ''' into liquidation.
#The '''committee''' shall also give written '''notice''' to all '''members''' of the '''general meeting''' at which any such proposed resolution is to be considered. The '''notice''' shall include all information as required by section 228(4) of the '''Act'''.
#The '''committee''' shall also give written '''notice''' to all '''subscribing members''' of the '''general meeting''' at which any such proposed resolution is to be considered. The '''notice''' shall include all information as required by section 228(4) of the '''Act'''.
#Any resolution to put '''''SCANZ''''' into liquidation must be passed by a ''simple'' majority of all '''members''' present and voting.
#Any resolution to put '''SCANZ''' into liquidation must be passed by a simple majority of all '''subscribing members''' present and voting.


==Resolving to apply for removal from the register==
==Resolving to apply for removal from the register==
#'''''SCANZ''''' may be removed from the Register of Incorporated Societies in accordance with the provisions of Part 5 of the '''Act'''.
#'''SCANZ''' may be removed from the Register of Incorporated Societies in accordance with the provisions of Part 5 of the '''Act'''.
#The '''committee''' shall give ''6 weeks'' written '''notice''' to all '''members''' of the proposed resolution to remove '''''SCANZ''''' from the Register of Incorporated Societies.
#The '''committee''' shall give 6 weeks written '''notice''' to all '''subscribing members''' of the proposed resolution to remove '''SCANZ''' from the Register of Incorporated Societies.
#The '''committee''' shall also give written '''notice''' to all '''members''' of the '''general meeting''' at which any such proposed resolution is to be considered. The '''notice''' shall include all information as required by section 228(4) of the '''Act'''.
#The '''committee''' shall also give written '''notice''' to all '''subscribing members''' of the '''general meeting''' at which any such proposed resolution is to be considered. The '''notice''' shall include all information as required by section 228(4) of the '''Act'''.
#Any resolution to remove '''''SCANZ''''' from the Register of Incorporated Societies must be passed by a ''simple'' majority of all '''members''' present and voting.
#Any resolution to remove '''SCANZ''' from the Register of Incorporated Societies must be passed by a simple majority of all '''subscribing members''' present and voting.


==Surplus assets==
==Surplus assets==
#If '''''SCANZ''''' is liquidated or removed from the Register of Incorporated Societies, no distribution shall be made to any '''member''' or other individual.
#If '''SCANZ''' is liquidated or removed from the Register of Incorporated Societies, no distribution shall be made to any '''member''' or other individual.
#On the liquidation or removal from the Register of Incorporated Societies of '''''SCANZ''''', its surplus assets — after payment of all debts, costs and liabilities — shall be vested in ''one or more incorporated historical recreation societies within New Zealand.''
#On the liquidation or removal from the Register of Incorporated Societies of '''SCANZ''', its surplus assets — after payment of all debts, costs and liabilities — shall be vested in a similar historical reenactment not-for-profit entity/entities in New Zealand.
#However, in any resolution under this rule, '''''SCANZ''''' may approve a different distribution to a different not-for-profit entity from that specified above, so long as '''''SCANZ''''' complies with this '''constitution''' and the '''Act''' in all other respects.
#However, in any resolution under this rule, '''SCANZ''' may approve a different distribution to a different not-for-profit entity from that specified above, so long as '''SCANZ''' complies with this '''constitution''' and the '''Act''' in all other respects.

Latest revision as of 20:33, 15 August 2025

Liquidation and removal from the register

Resolving to put SCANZ into liquidation

  1. SCANZ may be liquidated in accordance with the provisions of Part 5 of the Act.
  2. The committee shall give 6 weeks written notice to all subscribing members of the proposed resolution to put SCANZ into liquidation.
  3. The committee shall also give written notice to all subscribing members of the general meeting at which any such proposed resolution is to be considered. The notice shall include all information as required by section 228(4) of the Act.
  4. Any resolution to put SCANZ into liquidation must be passed by a simple majority of all subscribing members present and voting.

Resolving to apply for removal from the register

  1. SCANZ may be removed from the Register of Incorporated Societies in accordance with the provisions of Part 5 of the Act.
  2. The committee shall give 6 weeks written notice to all subscribing members of the proposed resolution to remove SCANZ from the Register of Incorporated Societies.
  3. The committee shall also give written notice to all subscribing members of the general meeting at which any such proposed resolution is to be considered. The notice shall include all information as required by section 228(4) of the Act.
  4. Any resolution to remove SCANZ from the Register of Incorporated Societies must be passed by a simple majority of all subscribing members present and voting.

Surplus assets

  1. If SCANZ is liquidated or removed from the Register of Incorporated Societies, no distribution shall be made to any member or other individual.
  2. On the liquidation or removal from the Register of Incorporated Societies of SCANZ, its surplus assets — after payment of all debts, costs and liabilities — shall be vested in a similar historical reenactment not-for-profit entity/entities in New Zealand.
  3. However, in any resolution under this rule, SCANZ may approve a different distribution to a different not-for-profit entity from that specified above, so long as SCANZ complies with this constitution and the Act in all other respects.
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