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Incorporated Societies Regulations 1938

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

INCORPORATED SOCIETIES

INCORPORATED SOCIETIES REGULATIONS 1938

1938 – 1 April 1938

1 These are the Incorporated Societies Regulations 1938.

2 [Spent]

3 [Spent]

4 In these Regulations "Act" means the Incorporated Societies Act 1908.

4A (1) The office of each Assistant Registrar of Incorporated Societies shall be open to the public for the transaction of business daily (except on Saturdays and holidays), during such hours as the Registrar of Incorporated Societies fixes from time to time, either generally or in any particular case.

(2) In this regulation ‘holiday’ includes –

(a) Any day falling during the period commencing on 25 December and ending with 2 January;

(b) Where 2 January falls on a Saturday, the 4th day of January;

(c) Where 2 January falls on a Sunday, the 3rd and 4th days of January.

(3) Every day which is a holiday in relation to any instrument or document that is required to be registered with the Assistant Registrar, be deemed to be a holiday within the meaning of section 5 of the Interpretation Act 2004.

5. The matters to be recorded in the Register in respect of every society shall be –

(i) A distinctive registration number;

(ii) The name of the society;

(iii) The date of registration of the society;

(iv) The situation of the registered office of the society for the time being, and the date on which every notice of the situation of that office is given to the Registrar;

(v) The date on which any annual statement under section 23 of the Act is delivered to the Registrar, and an indication of the end of the financial year of the society to which the statement relates;

(vi) The fact of the dissolution of the society, and the date of any declaration of dissolution made under section 28 of the Act;

(vii) Any revocation of a declaration of dissolution, and the date of the entry in the Register;

(viii) The nature of any other document relating to the society lawfully lodged with the Registrar under the Act, and the date when it was so lodged.

6 Wherever by the Act attestation by a witness is required, the witness shall after his signature add his calling or description and place of abode.

7 Wherever by the act it is required that the seal of the Registrar be affixed to any document, the Registrar shall verify the sealing by appending his signature and the date on which the seal was so affixed.

8 On payment of the prescribed fee for an application for registration or alteration of rules (as the case may be) the Registrar may peruse any proposed rules or alteration of rules signed by the secretary or other principal officer of the society, although such rules or alteration of rules may not yet have been enacted by the society, but such rules or alteration of rules shall not be registered until duly enacted and verified as required by the Act.

9 A voluntary winding-up of a society shall be deemed to commence at the time of the confirmation pursuant to section 24 of the Act of the resolution for voluntary winding up.

10 Upon confirmation of a resolution for voluntary winding up, the society in general meeting shall appoint one or more liquidators for the purpose of winding up the affairs and distributing the assets of the society, and may fix the remuneration to be paid to him or them.

11 In the application to the voluntary winding-up of a society pursuant to section 24 of the Act of the rules relating to the voluntary winding-up of a company, these rules shall apply as if such winding up were a members’ voluntary winding up under the Companies Act.

12 (1)

(a) All documents prepared to be registered, or to be delivered, sent, or forwarded to the Registrar must be legibly and clearly written, typewritten, or printed on paper of foolscap size and of medium weight and good quality, with a margin of at least one-fourth of the width of the paper.

(b) Where there are more sheets than one, they must be fastened together with a sufficient paper fastener at the top left-hand corner.

(2) Carbon copies shall not be received by the Registrar.

(3) Except by special leave of the Registrar, granted upon such conditions as he thinks fit, no document shall be received by the Registrar which does not comply with this regulation.

13 (1) There shall be paid to the Registrar, in respect of the matters mentioned in the Schedule, the fees specified.

(2) Where the Registrar or any other officer is empowered by the Act to do any act for which a fee is payable, he may refuse to do that act until the fee is paid.

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SCHEDULE

FEES PAYABLE TO REGISTRAR