What are the benefits and obligations of an incorporated society?

Benefits of an incorporated society in New Zealand:

  1. Separate Legal Entity: The society has its own legal identity, meaning it can enter contracts, own property, and take legal action in its name, protecting members from personal liability.
  2. Asset Protection: Members cannot claim ownership of the society’s assets. This ensures the assets are used only for the society’s purposes.
  3. Credibility and Trust: Being an incorporated society enhances reputation and trust among stakeholders such as funders, donors, and the community.
  4. Continuity: As a separate legal entity, the society can continue to exist independently of changes in membership.
  5. Tax Advantages: While not automatically tax-exempt, incorporated societies may qualify for tax benefits.

Obligations of an incorporated society:

  1. Operate in Line with Purpose: The society must act according to its stated purpose and not for private gain.
  2. Compliance with Laws and Rules: This includes adhering to the Incorporated Societies Act 2022 and the society’s constitution.
  3. Maintain Financial Records: Accurate financial records must be kept, and annual financial statements filed with the Registrar or Charities Services (if applicable).
  4. Transparent Governance: Societies must have a clear governance structure, including a committee and officers, and comply with officer duties such as acting in good faith.
  5. Dispute Resolution: Societies must follow fair and transparent processes to manage disputes, as outlined in their constitution.
  6. Membership Register: Keep an up-to-date record of all members.
  7. Reporting Changes: Notify the Registrar of any changes to the society’s constitution, officers, or address.

The combination of these benefits and obligations makes incorporated societies an appealing choice for not-for-profit groups, but it also requires commitment to good governance and accountability.

Contact us today to secure your society’s future with expert compliance assistance