Charitable Trusts
Document Filing Requirements
Introduction
After incorporation, the Board of a charitable trust
or society (as the case may be) has an ongoing obligation under the
Charitable Trusts Act 1957 (The Act) to continue to file certain
information with the Registrar.
A charitable trust must file the following
documents:
-
Changes to the trust deed
-
Changes to the Board's registered name
-
Changes to the registered office (the Board may
also notify changes to contact details such as the contact address or
the name or address of any contact person.)
Variation of Trusts
If any variation is made in the trusts on which any
Board – formed under (1), (2) or (3) – or if any additional property
becomes vested in the Board on trusts not shown in the registered
documents, the Board must register within one month from the date of
variation or vesting, as the case may be, a copy of relevant document.
This must be certified to be a true copy by (1)/(2) a member of the
“society” or (3) a trustee (section 23(1)(a)). In some special
circumstances, a statutory declaration will also be required (section
23(1)(b)).
How do I change the Board's registered name?
An application to change the name of a charitable
trust can be submitted to the Registrar:
-
Where a society is incorporated as a Board (or
where the trustees of a society are incorporated as a Board), the
Board may, pursuant to a resolution of the society passed at a general
meeting, apply to the Registrar to change the name under which it is
registered.
-
In any other case where trustees are incorporated
as a Board, the Board may, pursuant to a resolution passed at a
meeting of the Board, apply to the Registrar to change the name under
which it is registered.
When choosing a new name, it cannot be one which is
identical with that of any other Board, Company or any other body
corporate or which so nearly resembles that name as to be calculated to
deceive.
We recommend that you conduct a free Register
Search at www.societies.govt.nz to determine if the name you
intend using is likely to be available. You should also conduct a free
name search at
www.companies.govt.nz to ensure the name is not being used by a
company.
The Registrar may also refuse to accept the name
change if it is offensive or is otherwise contrary to public interest.
Once the name has been approved, the Registrar will
enter the new name in the Register and an updated certificate of
incorporation will be sent to the Board.
There is no fee for filing a change of name.
How do I change the Registered Office or
Organisational Details?
The Registrar must be advised of any change to the
registered office address for the Board within one month of the change.
To enable the Registrar to easily contact the Board,
it is important that you advise us of changes to the contact address or
contact person.
Charitable trusts & societies (as the case may be)
will soon have the option to provide additional information including:
-
The address for premises (for example: the
location of the facilities)
-
Website address
-
A description of the charitable trust's purpose,
and
-
The name and contact details of trustees
While it will not be mandatory to supply this
information, it can be a useful way of promoting the charitable trust
and providing alternative contact details that will be helpful to both
the Registrar and the public.
Send documents to
Registrar of Incorporated Societies
Ministry of Economic Development
Private Bag 92061
Victoria Street West
Auckland 1142
Related Resources
Find out more about Charitable Trusts
In our Information Library we have gathered
together a range of resources to help you use our charitable trust
services. You will find answers to common questions, forms and fact
sheets that step you through our online services.
Use our
Contact Us service to look through these resources and we hope
that your question will be answered there. If not, you will be given the
opportunity to email us direct.
Alternatively, call us during business hours
(8.30am-5pm weekdays) on Freephone 0508 SOCIETIES 0508 762 438
(Overseas callers call +64 3 962 2602).
Keep up to date with news and developments for the
Companies Office and other business units and subscribe to the Business
Update, our regular online newsletter. Sign up on line to receive your
copy of the Business Update at
http://news.business.govt.nz/bulletin/.
Updated 1 September 2008
