INCORPORATED SOCIETIES TO RE-REGISTER BY 5 APRIL 2026
The Incorporated Societies Act 2022 requires every Incorporated Society to re-register before 5 April 2026, or the Society will be de-registered and will lose essential rights and protections that allow it to function.
We strongly encourage all Societies to act now to ensure their continued existence and safeguard their rights and identity as soon as possible.
What do Societies need to do?
Societies registered under the old (1908) Incorporated Societies Act must re-register under the new Act by 5 April 2026. If they don’t, the Society will no longer be officially recognised as an incorporated society, and will lose:
- its decision-making authority – the society will not be able to make decisions about its assets. The Registrar will assume control of your assets.
- its distinct, separate legal entity – the society will no longer be a separate legal entity, exposing individual members to personal liability for any debts or obligations of the society e.g. leases
- its name protection – the society’s name will no longer be protected, and there is a risk that another entity could adopt and incorporate under the same name.
What does re-registration entail?
To re-register, societies must comply with detailed criteria under the new Act. This is outlined in more detail below, but includes creating new documents, such as a compliant constitution, and officer consent forms, and reviewing and potentially establishing new processes, including mechanisms to ensure new members consent to becoming part of the society. Check out our “Know your obligations” tip sheet for further details.
Societies will also need to be mindful of their rules for amending or replacing their constitution or rules – they will need to be passed at the Annual General Meeting (AGM) or a Special General Meeting (SGM). So, Societies should allow time for introducing the new constitution to its members and then having the constitution passed at the Society AGM or SGM.
What happens if we don’t re-register?
If a Society does not re-register by 5 April 2026 it will be de-registered as a Society and will no longer be a legal entity.
How can we help?
WRMK Lawyers experienced Business law team are familiar with the Act and the challenges of running an Incorporated Society. While these changes may seem daunting, they also present an opportunity to refine and fortify your society’s structure and operations. WRMK Lawyers can make sure you are well-prepared for this transition and that your society continues to thrive in this evolving legal landscape.
Our team of expert legal advisors is ready to assist you at every stage of the reregistration process from strategic decision making to drafting documents, ensuring your compliance with the new rules and the continued success of your incorporated society.
Contact us today to discuss how we can support your society through this exciting transformation.
Our thanks to Kathryn Candy for writing this article.
Want to know more?
Download our detailed free guide “Incorporated Societies – Know Your Obligations” below.
Download – Know Your Obligations
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