Difference between revisions of "Introduction to Transitioning an Existing Society"

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If you work at a non-profit society in British Columbia or sit on a board of directors, the new Societies Act affects your world as of November 28, 2016. Here are 10 changes in the new Act that you should know about:
{{Transitioning an Existing Society TOC}}
==1. There is greater access to a society’s records==
[[File:Transitioning an Existing Society cover image.jpg|thumb|275px|right|<span style="font-size:50%;">Image via www.istock.com</span>]]There's a new law that governs how non-profit societies in British Columbia are created and run. A new ''[http://canlii.ca/t/8v16 Societies Act]'' came into effect in BC on November 28, 2016. All societies in the province must "transition" under the new Act within a two-year period after the new law came into effect.
Under the new ''Societies Act'', members have greater access to a society’s records. The Act spells out the records a society must keep, including a register of members, minutes of members’ and directors’ meetings, accounting records, and financial statements.  


By default under the Act, members are entitled to inspect all records of the society (as are directors). For some records, member access can be restricted. For example, a society’s bylaws can restrict members’ access to accounting records.
Aimed at those who work at a non-profit society in British Columbia or sit on a board of directors, ''[[Transitioning an Existing Society: A How-to Guide for Non-profits in BC]]'' covers the steps in transitioning a society under the new Act.


The public is entitled to receive a copy of a society’s financial statements and auditor’s report if requested. A society can choose to grant access to the public to more of its records. The only record that is excluded from public accessibility is the society’s register of members.
The information in this guide '''applies in the province of British Columbia, Canada'''. It is produced for educational purposes and is not intended as legal advice. If you need advice about a specific legal problem, please contact a legal professional. Some sources of legal help are highlighted in the "[[Further Help with the New Societies Act|Further Help]]" section.


{| class="wikitable"
This guide was written by [[Drew Jackson]], a lawyer and librarian who writes about law for the public. It was reviewed for legal accuracy by [[Mary Childs]], [[Michael Blatchford]] and [[Steve Carey]], three British Columbia lawyers who advise non-profit societies.
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! Records a society must keep include these records (this list is not exhaustive) !! Director access !! Member access !! Public access
{| style="border: 1px;"
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|[[File:drewjackson.jpg|border|x125px|link=Drew Jackson]]<br /><div class="center">[[Drew Jackson]],<br />Writer</div>|| [[File:marychilds.png|border|x125px|link=Mary Childs]]<br /><div class="center">[[Mary Childs]],<br />Reviewer</div> || [[File:michaelblatchford.png|border|x125px|link=Michael Blatchford]]<br /><div class="center">[[Michael Blatchford]],<br />Reviewer</div> || [[File:stevecarey.png|border|x125px|link=Steve Carey]]<br /><div class="center">[[Steve Carey]],<br />Reviewer</div>
| Register of members || Yes || Yes, though directors may restrict || No
|}
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| Minutes of members’ meetings and copies of all ordinary and special resolutions || Yes || Yes || Bylaws may permit
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| Minutes of directors’ meetings and copies of all consent resolutions of directors || Yes || Yes, though bylaws may restrict (except relating to conflicts disclosures) || Bylaws may permit
{{Creative Commons for Drew Jackson
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|title = Transitioning an Existing Society: A How-to Guide for Non-profits in BC
| Any disclosures by directors or senior managers of a conflict of interest || Yes || Yes || Bylaws may permit
|author =
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| Accounting records, including a record of each transaction materially affecting the society’s financial position || Yes || Yes, though bylaws may restrict || Bylaws may permit
__NOGLOSSARY__
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| Financial statements and any auditor’s report on the financial statements || Yes || Yes || Yes
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Latest revision as of 16:29, 9 December 2016

Image via www.istock.com

There's a new law that governs how non-profit societies in British Columbia are created and run. A new Societies Act came into effect in BC on November 28, 2016. All societies in the province must "transition" under the new Act within a two-year period after the new law came into effect.

Aimed at those who work at a non-profit society in British Columbia or sit on a board of directors, Transitioning an Existing Society: A How-to Guide for Non-profits in BC covers the steps in transitioning a society under the new Act.

The information in this guide applies in the province of British Columbia, Canada. It is produced for educational purposes and is not intended as legal advice. If you need advice about a specific legal problem, please contact a legal professional. Some sources of legal help are highlighted in the "Further Help" section.

This guide was written by Drew Jackson, a lawyer and librarian who writes about law for the public. It was reviewed for legal accuracy by Mary Childs, Michael Blatchford and Steve Carey, three British Columbia lawyers who advise non-profit societies.

Drewjackson.jpg
Marychilds.png
Mary Childs,
Reviewer
Michaelblatchford.png
Stevecarey.png
Steve Carey,
Reviewer


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Transitioning an Existing Society: A How-to Guide for Non-profits in BC © Drew Jackson is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.