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Difference between revisions of "Non-Profit Recordkeeping and Privacy (Societies Act FAQs)"

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Non-Profit Recordkeeping and Privacy (Societies Act FAQs) (view source)

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==What are the official records of a society?==
==What are Records to be kept? [s. 20]==


#the society's certificate of incorporation;
Group 1
#each certified copy, furnished to the society by the registrar, of the following records:
* Certificate of Incorporation
#*the constitution of the society;
* Constitution
#*the bylaws of the society;
* Bylaws
#*the statement of directors and registered office of the society;
* Statement of Directors and Registered Office
#each confirmation, other certificate or certified copy of a record furnished to the society by the registrar, other than in response to a request;
* Orders by any court, tribunal, or federal, provincial or municipal body
#a copy of each order made in respect of the society by
* Register of Directors, including contact information
#*any court or tribunal, in Canada or elsewhere, or
* Written consents to act as Director
#*a federal, provincial or municipal government body, agency or official, including the registrar;
* Written resignation of Directors
#the society's register of directors, including contact information provided by each director;
* Any disclosures of a director’s or senior manager’s interest
#each written consent to act as director referred to in section 42(4)(a) and each written resignation of a director;
* Register of Members, organized by class, including contact information
#a copy of each record described in section 56(3)(c) or 62(3)(c) evidencing a disclosure by a director or senior manager;
* Minutes of each Meeting of Members, including text of resolutions passed
#the society's register of members, organized by different classes of member if different classes exist, including contact information provided by each member;
* Ordinary or Special Resolutions or Consent Resolutions including copies of consents
#the minutes of each meeting of members, including the text of each resolution passed at the meeting;
* Financial Statements and Auditors Reports
#a copy of each ordinary resolution or special resolution, other than a resolution included in the minutes referred to in paragraph 9, and, in the case of a resolution consented to in writing by the voting members, a copy of each of the consents to that resolution;
 
#the financial statements of the society required under section 35 and the auditor's report, if any, on those financial statements.
Group 2
* Minutes of Directors Meetings including a list of Directors present and text of each resolution passed including consent resolutions and copies of consents
* Adequate accounting records for each financial year
 
==For How Long? [s. 21]==
Until the Record is no longer relevant and 10 years have passed since last altered
 
==Where and in what form? [s. 22 & 23]==
* At the Registered office or in another BC location with a notice at Registered Office
* In physical or electronic form so long as there is simple, reliable and prompt access
 
==Who can inspect? [s. 24]==
Group 1
* Any director
* Any member
* Any person, other than a member or director, may, if and to extent, permitted by bylaw, inspect s. 20 records, other than the register of members
 
Group 2
* Any director
* Any member, unless the bylaws provide otherwise, save for a record of a director’s  or senior manager’s interest
* ny person, other than a member or director, may, if and to extent, permitted by bylaw, inspect s. 20 records, other than the register of members
 
==Any restrictions on access? [s. 25]==
* Directors may by resolution restrict a member’s rights to inspect the register of members if the inspection might be harmful, save for the purpose of that member requisitioning or calling a general meeting or advancing a members’ proposal
* May charge a fee to a person other than a member or director for inspecting records
* Copies at a reasonable fee not to exceed that permitted by regulation with some exceptions for directors and members related to bylaws, constitution and recent financial statements


==Can we prevent our members from inspecting the official records?==
==Can we prevent our members from inspecting the official records?==
PLEO
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