The deadline for incorporated societies to re-register under the Incorporated Societies Act 2022 was 5 April 2026. If your society has not re-registered, the consequences of missing the deadline are serious.
This article outlines what happens for those societies that failed to re-register, and what options are available if that occurred.
The consequences of failing to re-register
Societies that did not re-register by the deadline were removed from the Incorporated Societies Register on 5 April 2026. The practical consequences of this are significant:
- The society will no longer be able to operate as a legal entity.
- All assets, including property, will need to be disposed of in accordance with the society’s constitution.
- The Registrar may step in and direct how assets are distributed, overriding decisions that would ordinarily be made by members or committee members.
- Banks will freeze society’s accounts and refuse officers access, making it difficult to pay employees or meet other financial commitments.
- Existing contracts including as leases or supplier agreements may be affected, as the entity named in those arrangements will no longer legally exist.
Can a society be reinstated after removal?
Yes, but it involves time, cost, and a period of ongoing uncertainty.
Under the 2022 Act, a society can apply for reinstatement on the ground that it was operating at the time of removal and there is a proper reason for it to continue to exist. This is the most relevant ground for societies that simply missed the deadline.
To apply, the society (or a member, creditor, or other eligible party) will need to provide the societies latest financial statements (if not already filed), confirmation the society has at least 10 members, contact details, and evidence of operation. Evidence of operation can include things such as financial records, meeting minutes, or legal documents. The society will also need to pay a restoration fee of $177.78 plus GST. Applications for this can be made online through the Incorporated Societies Register.
Importantly the society must also submit a constitution that complies with the requirements of the 2022 Act, read more about these requirements here.
Once an application is accepted, it is publicly notified, and there is a 20 working day period during which objections can be made. If no objections are received, the society will generally be restored the following working day.
It is worth bearing in mind that the Companies Office is likely to receive a large volume of reinstatement applications, and there are time frames mentioned above, which mean it will not be quick.
What should your society do now?
If you have missed the deadline and are uncertain about your society’s options, we encourage you to get in touch with us. We can help you understand the reinstatement process and take steps to get your society back on track as quickly as possible.
