What are the key constitutional obligations for incorporated societies constitutions under the 2022 Act?

Under the Incorporated Societies Act 2022, societies must update their constitutions to meet new legal requirements. Here are some of the key obligations:

  1. Purpose and Activities: The constitution must clearly state the society’s purpose and ensure all activities align with this purpose.
  2. Membership Rules: It must outline how individuals can become members, the conditions of membership, and how membership can be terminated.
  3. Governance Structure: The constitution must detail the roles, functions, and powers of the committee, as well as the procedures for electing or appointing officers.
  4. Contact Person: Societies must have at least one contact person (and no more than three), with their appointment process specified in the constitution.
  5. Decision-Making and Meetings: It must include procedures for holding general meetings, making decisions, and passing written resolutions if applicable.
  6. Dispute Resolution: The constitution must specify fair and transparent processes for resolving disputes among members.
  7. Asset Distribution: Rules for distributing surplus assets upon winding up must be included, ensuring they go to not-for-profit organizations.
  8. Officer Duties: Officers must act in good faith, with reasonable care and diligence, and in the society’s best interests.

These changes aim to enhance governance, transparency, and accountability.

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