Home | Databases | WorldLII | Search | Feedback New Zealand Legislation for Niue

Incorporated Societies Amendment Act 1920

NEW ZEALAND

THE INCORPORATED SOCIETIES AMENDMENT ACT 1920

Title

1. Short Title
2. Incorporation of branches of registered societies
3. Application for incorporation of branch
4. Registration of rules of branch and issue of certificate of incorporation
5. Application of provisions of principal Act
6. Members of branches not to be relieved of obligations as members of societies
7. Evidence of membership of branch
8. Governor-General in Council may make regulations

--------------------------------------

THE INCORPORATED SOCIETIES AMENDMENT ACT 1920

1920, No. 50

An Act to amend the Incorporated Societies Act 1908

[5 November 1920

1. Short Title- This Act may be cited as the Incorporated Societies Amendment Act 1920, and shall be read together with and deemed part of the Incorporated Societies Act 1908 (hereinafter referred to as the principal Act).

2. Incorporation of branches of registered societies- (1) Any society registered under the principal Act (whether before or after the passing of this Act) ... may apply to the Registrar in accordance with this Act for the incorporation of any local branch [having not less than fifteen members, or for the incorporation of a group or of groups of such branches of that society].

(2) No application for the incorporation of a local branch shall be made except with the consent of a majority of the members proposed to be incorporated as a local branch, and no application for the incorporation of a group of branches shall be made except with the consent of a majority of the members of each of those branches.

(3) Any group of local branches may be incorporated notwithstanding that the whole or any number of such branches may be already incorporated.

In subs. (1) the words "and consisting of not less than five hundred members" were omitted by s. 2 (a) of the Incorporated Societies Amendment Act 1930, and the words in square brackets were substituted for the words "or group of such branches of that society" by s. 2 (b) of that Act.

3. Application for incorporation of branch- Every application for the incorporation of a branch or group of branches of a society registered under the principal Act shall be made to the Registrar in manner following:

(a) Two copies of the rules of the branch or group, having written thereon an application for incorporation, shall be signed by not less than two of the executive officers of the registered society, and also, in the case of a local branch, by not less than fifteen persons being members of that branch, and, in the case of a group of branches, by not less than two members of each of the branches proposed to be incorporated.

(b) Each subscriber to the application shall add to his signature his description and address, and his signature shall be attested by a witness who is not a subscriber.

(c) When any body corporate is a subscriber its seal shall be affixed to the said application.

(d) Two copies of the rules so signed or sealed shall be delivered to the Registrar, together with the prescribed fee, and with a statutory declaration made by an officer of the registered society, or by a solicitor, to the effect that a majority of the members of the branch or branches have consented to the application, and that the rules so signed or sealed are the rules of the branch or group.

4. Registration of rules of branch and issue of certificate of incorporation- The Registrar, on being satisfied that the requirements of this Act have been observed, and that the rules of the branch or group of branches are not inconsistent with the provisions of the principal Act or with the rules of the registered society, shall thereupon do the following things:

(a) Enter the name of the branch or group of branches in a special register to be kept by him for the purposes of this Act, together with such other particulars with respect to the branch or branches as he thinks fit;

(b) Issue under his seal a certificate that the branch or group of branches is incorporated under this Act;

(c) Register the rules of the branch or group of branches by sealing with his seal the said copies thereof; and

(d) Return one of those copies to the secretary of the registered society and retain the other copy.

5. Application of provisions of principal Act- All the provisions of the principal Act relating to societies registered under that Act (including the powers conferred on such societies to hold land) shall, so far as applicable, and with the necessary modifications, apply to branches of societies or to groups of such branches incorporated under this Act.

6. Members of branches not to be relieved of obligations as members of societies- The incorporation of a branch of a society under this Act shall not relieve the members of that branch from any liabilities or obligations incident to their membership of the registered society, whether under the principal Act, or the rules of the society, or otherwise howsoever.

7. Evidence of membership of branch- For the purposes of this Act membership of a branch of a society shall be determined in accordance with the general rules of the society and the special rules (if any) of the branch in that behalf, and not otherwise, and every member of a local branch shall be deemed to be a member of the society and liable to all the obligations of membership.

8. Governor-General in Council may make regulations- The Governor-General may from time to time, by Order in Council, make regulations-

(a) Prescribing the fees to be paid by or on behalf of a society or branch in respect of the incorporation of a branch or group of branches under this Act;

(b) Prescribing forms of application for the registration of a branch of a society or group of branches under this Act; and

(c) Prescribing such other matters and things as may in his opinion be necessary for the purpose of giving effect to the provisions of this Act.

-----------------------------------------