Incorporated Societies Act 2022

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
11 Registrar must refuse incorporation if name of society does not comply with requirements

(1)

The Registrar must refuse to incorporate a society under a name if, in the Registrar’s opinion,—

(a)

the use of the name would contravene any legislation; or

(b)

the name is identical or almost identical to the name of any other society, company carrying on business in New Zealand (whether incorporated in New Zealand or not), or other body corporate established or registered in New Zealand; or

(c)

the name is identical or almost identical to a name that has already been reserved under the Companies Act 1993 and that is still available for registration under that Act; or

(d)

the name is likely to mislead the society’s members or the public about the society’s nature or identity; or

(e)

the name is offensive; or

(f)

the name does not include the word “Incorporated”, “Inc”, or “Manatōpū” (or 2 or more of those words) as the last word or words of the name.

(2)

If the Registrar refuses to incorporate a society under subsection (1), the society may be incorporated under a name that has been amended to address (to the Registrar’s satisfaction) the matter referred to in that subsection.

(3)

Subsection (1)(b) does not apply if—

(a)

the other society, company, or body corporate gives its consent in the manner prescribed by the regulations; and

(b)

the Registrar is satisfied that the society’s use of the name will not be contrary to the public interest.

Compare: 1908 No 212 s 11; 1993 No 105 s 22