As most Incorporated Societies should be aware by now, a new legislative framework is in place for the regulation and management of Incorporated Societies in the form of the Incorporated Societies Act 2022. Incorporated Societies can take a variety of forms, from sports clubs to residents societies, and most of us will have at least one touch point with them in our day-to-day lives.
As we have written about previously, (Incorporated Societies Act – what you need to know) there are some major changes to the way Societies will have to be run and what is involved for those who will be running them.
As we move closer to the April 2026 deadline for re-registration, anyone involved in a Society must be aware of what they need to do before that deadline.
Firstly, it’s likely that you will need to draft a new constitution. Or at the very least, significantly alter what was in your old one. Luckily the Act has provided very clear instructions on what is required to be in your constitution by setting out a list in Section 26.
Once you have drafted your new document, you’ll need to run it through your usual constitutional amendment process via either AGM or SGM. If you want to avoid the hassle of having to run an AGM and SGM between now and April of next year we suggest you work backwards from your next AGM to make sure you can meet all the necessary deadlines.
Once your new constitution has been adopted, you can go through the process of re-registering as a Society under the new Act. Failure to re-register will mean your Society will cease to exist, and you’ll be liable to have all of your assets distributed.
We are here to help you at any stage of this process. We have experience drafting new constitutions based on our excellent internal templates. Equally, we can review the constitutions you have drafted for compliance with Section 26 of the Act. Or, we can be a sounding board for you as you work through the re-registration process.
Get in touch with Benji Crossley.
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