Introduction to Societies Act FAQs: Difference between revisions

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[[File:Societies_Act_FAQs_cover_image.jpg|border|100px|link=Societies Act FAQs]]<br/>
== About these FAQs==
==The new ''Societies Act''==
The Societies Act FAQs were prepared by [https://www.pacificlegaloutreach.com Pacific Legal Education and Outreach Society] (PLEO) with help and support from the University of Victoria Faculty of Law Business Law Clinic. They were originally intended as a support for non-profit organizations in British Columbia undergoing transition to BC's then-new ''[https://canlii.ca/t/544bg Societies Act]'', SBC 2015, c 18.


On 28 November 2016, BC's new ''Societies Act'' took effect. All pre-existing societies must transition to the new Act within two years of this date. These FAQs have been compiled to help non-profit societies transition to and comply with the new Act. The FAQ's are part of the Societies Act Transition project of [http://lawfornonprofits.ca Law For Non Profits].  We thank the law students of the University of Victoria Faculty of Law Business Law Clinic for their help with this project.
In 2021, the FAQs were updated to remove the focus on transition, and additional content was added to help individuals understand how to incorporate, manage, and dissolve non-profits in BC. The FAQs were updated by University of British Columbia law student Sheldon Falk with help from Paul Wood. They were reviewed for accuracy by lawyer Martha Rans, Founder and Legal Director of PLEO.


These FAQs have been grouped into categories roughly corresponding to sections in the Schedule B Bylaws. There are also categories for common areas of concern, such as member-funded societies and record-keeping. Use the table of contents or the navigation boxes at the right and bottom of the screen to browse through the FAQs and look for the answer to your question. If you can't find it in the first category you click on, try some related ones to see if you can find it there.
For more information, resources, templates, workshops, and webinars, go to [https://www.pacificlegaloutreach.com/ www.pacificlegaloutreach.com].


==Overview of the new ''Societies Act''==
Learn more about [[Clicklaw Wikibooks]].


*Every society in BC will have two years to electronically file a transition application consisting of their constitution, bylaws, a statement of directors and their registered office, all as they existed before the new Act comes into force.
[[File:Societies_Act_FAQs_cover_image.png|border|100px|link=Societies Act FAQs]]
**It is important that every Society ensure that the statement of directors and their registered office is up to date prior to transitioning.
**If a society's information is incorrect at the time of transition, the society will be required to make a separate filing after their transition is complete
**It is also important that all annual reports are up to date in the annual reporting filings. Any society whose annual reports are not up to date will not be able to transition.
*This transition application will require societies to make changes to their current constitution and bylaws, as well as re-file those documents in electronic format with the Corporate Registry.
*Major change to the bylaws is to remove any provisions outside the name and purposes of the society
**Special provisions will now have to be moved to the bylaws
**To make these changes, a society will ''not'' be required to pass a special resolution at their AGM. Societies will be permitted to move these provisions  for the transition application
**When moving unalterable provisions out of the constitution, these provisions must be identified as "previously unalterable." Once a society has transitioned, these unalterables can be changed by following the new Act's bylaw amendment procedures.
*Societies should be wary of adopting the new Model Bylaws provided in Schedule 1 of the new Act.
**It is not necessary to adopt the new Model Bylaws
**There are many differences from the old Schedule B Bylaws that could cause issues for certain societies.
***For example, the quorum requirement in the Model Bylaws is 3 members or 10% of the membership, whichever is greater. For societies with a large membership base, this could be very problematic. As the new Act only requires 3 members for quorum, we recommend reading the new Model Bylaws carefully before adopting, and making necessary changes.
==Other information regarding the new ''Societies Act''==


Please visit [http://www.bcregistryservices.gov.bc.ca/bcreg/societiesact/index.page BC Registry Services] for more information regarding the new ''Societies Act'', including:
== About Pacific Legal Education and Outreach Society==
*a transition guide,
The [https://www.pacificlegaloutreach.com/ Pacific Legal Education and Outreach Society] aims to empower artists and non-profits in Canada to access justice efficiently, effectively, and equitably. With this mission, PLEO works to shift the paradigm in how non-profits and artists experience the law, providing them with accessible tools, education, and information needed to prevent a legal issue before it happens.
*a link to the new Act and its regulations,  
*links to the new Model Bylaws as well as the old Schedule B Bylaws,
*tables comparing the old ''Society Act'' to the new ''Societies Act'', and  
*more FAQs.


{{Societies Act FAQs NavBox}}
For more information, see our [https://www.pacificlegaloutreach.com/about About Us] page.
 
:[[File:PLEOlogo.png|frameless|none|150px|link=https://www.pacificlegaloutreach.com]]
 
{{Societies Act FAQs Navbox}}
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Revision as of 23:54, 28 May 2021

About these FAQs

The Societies Act FAQs were prepared by Pacific Legal Education and Outreach Society (PLEO) with help and support from the University of Victoria Faculty of Law Business Law Clinic. They were originally intended as a support for non-profit organizations in British Columbia undergoing transition to BC's then-new Societies Act, SBC 2015, c 18.

In 2021, the FAQs were updated to remove the focus on transition, and additional content was added to help individuals understand how to incorporate, manage, and dissolve non-profits in BC. The FAQs were updated by University of British Columbia law student Sheldon Falk with help from Paul Wood. They were reviewed for accuracy by lawyer Martha Rans, Founder and Legal Director of PLEO.

For more information, resources, templates, workshops, and webinars, go to www.pacificlegaloutreach.com.

Learn more about Clicklaw Wikibooks.

About Pacific Legal Education and Outreach Society

The Pacific Legal Education and Outreach Society aims to empower artists and non-profits in Canada to access justice efficiently, effectively, and equitably. With this mission, PLEO works to shift the paradigm in how non-profits and artists experience the law, providing them with accessible tools, education, and information needed to prevent a legal issue before it happens.

For more information, see our About Us page.


© Copyright 2016-2024, Pacific Legal Education and Outreach Society.