Running an incorporated association
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An incorporated association must meet its obligations under the Associations Incorporation Act 2015, including:
- Holding an Annual General Meeting (AGM) once every calendar year within 6 months after the end of the financial year (section 50).
- Maintaining true and correct records of all financial transactions (section 66).
- Presenting financial accounts to members at each AGM in accordance with the requirements of the association’s financial reporting tier (sections 68, 71, 74).
- Maintaining a register of members, record of office holders and copy of the rules and making these records available to members to inspect upon request (sections 53, 58 & 35).
- Providing a copy of the rules to each new member when they join the association (section 36).
- Disclosing and managing the material personal interests of committee members when considering matters before the committee (sections 42 and 43).
- Committee members and officers must discharge their duties under the Act including the:
- duty of care and diligence (section 44)
- duty to act in good faith and for proper purpose (section 45)
- duty not to misuse their position (section 46)
- duty not to misuse information obtained (section 47)
- duty not to allow the association to trade when insolvent (section 127)
- Notifying Consumer Protection of any change of address within 28 days of the change occurring (section 175)
- Submitting an annual information statement to Consumer Protection within six months after the end of the association’s financial year (s156)
Consumer Protection has resources and publications available to help your association understand and meet its legal obligations, including:
Incorporated Associations self check
This simple checklist provides a summary of the main obligations of a committee under the Act. It is not intended to cover every aspect of association governance but outlines the more important aspects.
The INC Guide is an essential reference for all incorporated associations and provides information about a wide range of topics. The Guide:
- highlights key legal provisions under the Associations Incorporation Act 2015;
- introduces the various aspects of managing an association, including conducting meetings, employing staff and engaging volunteers; and
- is a reference for good governance practices.
Depending on the activities your association is involved with you may also need to be aware of your legal obligations under other laws. The INC Guide is a useful starting point for information about topics including insurance, occupational health and safety, and taxation.
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