Setting up an Incorporated Society
This page outlines the process for setting up an Incorporated Society as numbered steps. It is a text version of the flowchart 'Setting up an Incorporated Society' on the Incorporated Societies page.
Outline of process
1. Your group wants to set up an Incorporated Society.
2. Meet and:
a. Decide on a name of the group.
b. Draft the Rules which includes your group's aims, rules and powers.
3. Go to www.societies.govt.nz/cms/customer-support/forms-and-fees and download two copies of the application forms (or ring 0508 COMPANIES to request the forms).
* The Societies and Trusts Online website has all the information needed to complete the application process (www.societies.govt.nz/cms/incorporated-societies/starting-an-incorporated-society).
3.1 If your group requires charitable status you no longer send a copy of your documents to IRD. Refer to Operations practices for charities http://www.ird.govt.nz/charitable-organisations/. Go to step 4 (Note: Organisations that have a charitable purpose must be registered with the Charities Commission to be eligible for an exemption from income tax and resident withholding tax.)
If your group requires some other form of tax exemption, send a copy of your draft constitution to IRD.
3.2 If IRD turns down your request for tax exemption, then meet, alter draft Rules and go back to step 3.1
3.3 IRD has given approval of draft rules for tax exemption. Continue.
4. The Companies Office sends you all the documents you have requested.
5. Call a meeting of at least 15 people. At this meeting your group needs to:
a. Approve the constitution.
b. Complete the application for Incorporation documents.
6. Send the completed documents back to the Companies Office:
a. The application for Incorporation document (2 copies).
b. 2 copies of your Rules (and the certificate in the application form completed by an officer of or solicitor for the society certifying that the rules have been approved by a majority of the members of the society and comply with Section 6 of the Incorporated Societies Act 1908).
c. $100.00.
7. The Companies Office informs your group that it is now an incorporated society. You are sent:
a. A certificate of incorporation.
b. A stamped copy of your Rules.
8. Send a copy of your certificate and a stamped copy of your Rules to IRD if other than a charitable organisation requesting formal approval for the appropriate tax exemption.
9. Your Incorporated Society is informed by IRD that it has tax exemption approved.
10. To maintain your registration you will need to file the following documents with the Companies Office each year:
a. Annual financial statement.
b. Rule changes (including name changes)
c. Address changes.
Go back to the Incorporated Societies page.