426
edits
Difference between revisions of "Transition (Societies Act FAQs)"
From Clicklaw Wikibooks
Transition (Societies Act FAQs) (view source)
Revision as of 20:14, 30 January 2024
, 20:14, 30 January 2024no edit summary
m |
|||
| (5 intermediate revisions by 2 users not shown) | |||
| Line 1: | Line 1: | ||
{{Societies Act FAQs TOC}} | {{Societies Act FAQs TOC}} | ||
{{REVIEWED | reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in January 2024}} | |||
==About this Appendix== | ==About this Appendix== | ||
This appendix ''only'' applies to non-profit societies in existence before the the current BC ''Societies Act'' came into effect that have not yet transitioned to the new act. '''Therefore, the following information does not apply to non-profits incorporated after 28 November 2016'''. | This appendix ''only'' applies to non-profit societies in existence before the the current BC ''Societies Act'' came into effect that have not yet transitioned to the new act. '''Therefore, the following information does not apply to non-profits incorporated after 28 November 2016'''. | ||
| Line 19: | Line 20: | ||
==Other information regarding the new Societies Act== | ==Other information regarding the new Societies Act== | ||
Please visit [ | Please visit [https://www2.gov.bc.ca/gov/content/employment-business/business/not-for-profit-organizations BC Registry Services] for more information regarding the new ''Societies Act'', including: | ||
*a transition guide | *a transition guide | ||
*a link to the new Act and its regulations | *a link to the new Act and its regulations | ||
| Line 31: | Line 32: | ||
===What do we do with the winding up and dissolution clause in our constitution?=== | ===What do we do with the winding up and dissolution clause in our constitution?=== | ||
Under the new | Under the new act only the name and purposes can be included in the constitution. Additional clauses including the winding up and dissolution clauses should be added to the bylaws in a separate section under a sub-heading such as "Other Provisions", "Former Constitutional Provisions", etc. If the clause was unalterable then the words “previously unalterable” need to be added. A special resolution is not required to make this change. | ||
===Do we need the approval of the CRA to move the winding up and dissolution clause out of the constitution?=== | ===Do we need the approval of the CRA to move the winding up and dissolution clause out of the constitution?=== | ||
| Line 40: | Line 41: | ||
===What does unalterable mean?=== | ===What does unalterable mean?=== | ||
Unalterable means something that cannot be changed. In the new Societies Act, unalterable bylaw provisions are no longer permitted. | Unalterable means something that cannot be changed. In the new ''Societies Act'', unalterable bylaw provisions are no longer permitted. | ||
===Are the Schedule B Bylaws compliant with the new ''Societies Act''?=== | ===Are the Schedule B Bylaws compliant with the new ''Societies Act''?=== | ||
The Schedule B Bylaws are mostly compliant with the new | The Schedule B Bylaws are mostly compliant with the new act. If your non-profit has been using the Schedule B Bylaws and they have been working for you, it is likely that you will not have to change your bylaws. The non-profit may want to do some minor housekeeping and updating; however, the new act does not require the non-profit to do so. If the non-profit is using the Schedule B it does not have to adopt the new model bylaws on the transition. If the non-profit decides to change its bylaws it can do so at any time after they transition. | ||
===On transition, can we correct the spelling errors that were on the original filed bylaws?=== | ===On transition, can we correct the spelling errors that were on the original filed bylaws?=== | ||
