The clock is well and truly ticking for societies currently incorporated under the Incorporated Societies Act 1908 (1908 Act) to re-register under the Incorporated Societies Act 2022 (New Act). The New Act introduces a number of governance changes for incorporated societies (for an overview see The Incorporated Societies Act 2022 - a long time coming). All existing societies incorporated under the 1908 Act must re-register by 5 April 2026, otherwise the re-registration window will close and those societies who do not re-register in time will cease to exist.
In order to re-register, incorporated societies will need to ensure that their rules meet certain minimum standards prescribed by the New Act. Almost inevitably this will mean that societies need to first modify their existing constitutions in order to proceed with re-registration. We have found that many of our incorporated society clients are taking the opportunity to carry out a more robust "health check" of their constitutions and are making broader drafting and operational improvements (see Complying with the new incorporated societies act 2022: Your options and next steps for success).
To date, only 5% of existing societies incorporated under the 1908 Act have re-registered under the New Act. While many societies may have re-registration on their radar, it does take time to work through the process of modifying a constitution at board/committee level for eventual presentation to members for comment/approval. For many societies, they may now only have one more annual general meeting scheduled before the re-registration closing date of 5 April 2026.
How can we help?
Buddle Findlay is well-placed to advise incorporated societies on how the New Act will impact them. In particular, we can advise on constitution modifications as well as provide guidance on, and assistance through, the re-registration process.
This article was co-authored by Julia Gabrielle (partner), Aisling Weir (special counsel) and Manraj Singh Rahi (solicitor).
