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Difference between revisions of "Draft a Non-Profit Constitution (Societies Act FAQs)"

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{{Societies Act FAQs TOC}}
{{Societies Act FAQs TOC}}
{{REVIEWED | reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in January 2024}}


==Constitution==
==Constitution==
Under the 'Societies Act' a non-profit's constitution can only contain its name and purpose.


===What is a constitution?===
===What is a constitution?===
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Yes. The non-profit can change the constitution by passing a special resolution at a meeting of members, such as an AGM or SGM. Once members have passed a special resolution, the non-profit must file a constitution amendment application through BC Societies Online.
Yes. The non-profit can change the constitution by passing a special resolution at a meeting of members, such as an AGM or SGM. Once members have passed a special resolution, the non-profit must file a constitution amendment application through BC Societies Online.


Exception: if the non-profit was incorporated before the new ''Societies Act'' took effect on November 23, 2016 and has not yet transitioned, special rules apply when those non-profits transition to the new Act. See the transition appendix for more information.  
''Exception: if the non-profit was incorporated before the new ''Societies Act'' took effect on 28 November 2016 and has not yet transitioned, special rules apply when those non-profits transition to the new Act. See the [[Transition (Societies Act FAQs)|transition appendix]] for more information.''


==Name==
==Name==
===What can the non-profit be named?===
===What can the non-profit be named?===
The name of the non-profit that is in the constitution must be one that was approved by the registrar. For more information on non-profit names, see the Name Request section.
The name of the non-profit that is in the constitution must be one that was approved by the registrar. For more information on non-profit names, see the [[Choose a Non-Profit Name (Societies Act FAQs)|Choose a Name]] section.


==Purposes==
==Purposes==
===What purposes are allowed?===
===What purposes are allowed?===
The purposes of the non-profit determine what actions the non-profit can undertake, and can include agricultural, artistic, benevolent, charitable, educational, environmental, patriotic, philanthropic, political, professional, recreational, religious, scientific, social or sporting purposes. Examples would include a theatre company, a curling club, a daycare, and a youth treatment centre. Note that not all permitted non-profit purposes are charitable, which could cause issues if in the future the non-profit wishes to become a registered charity. For more on charitable purposes, see the [https://www.canada.ca/en/services/taxes/charities.html CRA Charities Directorate website].
The purposes of the non-profit determine what actions the non-profit can undertake and can include agricultural, artistic, benevolent, charitable, educational, environmental, patriotic, philanthropic, political, professional, recreational, religious, scientific, social or sporting purposes. Examples include a theatre company, a curling club, a daycare, and a youth treatment centre. Note that not all permitted non-profit purposes are charitable, which could cause issues if in the future the non-profit wishes to become a registered charity. For more on charitable purposes, see the [https://www.canada.ca/en/services/taxes/charities.html CRA Charities Directorate website].


===What purposes are not permitted?===
===What purposes are not permitted?===
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==(Optional) Member Funded Society Clause==
==(Optional) Member Funded Society Clause==
If a non-profit wishes to be a member funded society, the constitution must include a clause to that effect.
Despite the rule that only permits the name and purposes in the non-profit's constitution, if a non-profit wishes to be a member funded society, the constitution must include a clause to that effect.  
 
However, member funded society status is a unique status that must be considered very carefully. For more information, see the member funded societies page.


However, member funded society status is a unique status that must be considered very carefully. For more information, see the [[Member-Funded Societies (Societies Act FAQs)|Member-Funded Societies]] page.
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