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

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{{Societies Act FAQs TOC}}
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==Can we prevent our members from accessing the official records?==


Yes, although with some limitations. Section 20(1) of the new ''Societies Act'' provides that only its official records can be accessed for inspections.
==What are records to be kept? [s. 20]==


The society can prevent members from accessing accounting records and some directors’ meeting records through the bylaws. Inspection of the register of members can be restricted by a directors’ resolution if the directors believe that access would be harmful to the society or a member.
Group 1
* Certificate of Incorporation
* Constitution
* Bylaws
* Statement of Directors and Registered Office
* Orders by any court, tribunal, or federal, provincial or municipal body
* Register of Directors, including contact information
* Written consents to act as Director
* Written resignation of Directors
* Any disclosures of a director’s or senior manager’s interest
* Register of Members, organized by class, including contact information
* Minutes of each Meeting of Members, including text of resolutions passed
* Ordinary or Special Resolutions or Consent Resolutions including copies of consents
* Financial Statements and Auditors Reports


==What are the official records of a society?==
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
* 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
 
==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?==
 
Yes, to a point.  A Society can prevent a member from inspecting minutes of directors meetings and accounting records.  The limitations must be set out in your bylaws. Section 20(1) of the new ''Societies Act'' provides that its official records can be accessed for inspections.
 
==Can we prevent our members from accessing the register of members?==
 
Inspection of the register of members can be restricted by a directors’ resolution if the directors believe that access would be harmful to the society or a member.


#the society's certificate of incorporation;
#each certified copy, furnished to the society by the registrar, of the following records:
#*the constitution of the society;
#*the bylaws of the society;
#*the statement of directors and registered office of the society;
#each confirmation, other certificate or certified copy of a record furnished to the society by the registrar, other than in response to a request;
#a copy of each order made in respect of the society by
#*any court or tribunal, in Canada or elsewhere, or
#*a federal, provincial or municipal government body, agency or official, including the registrar;
#the society's register of directors, including contact information provided by each director;
#each written consent to act as director referred to in section 42(4)(a) and each written resignation of a director;
#a copy of each record described in section 56(3)(c) or 62(3)(c) evidencing a disclosure by a director or senior manager;
#the society's register of members, organized by different classes of member if different classes exist, including contact information provided by each member;
#the minutes of each meeting of members, including the text of each resolution passed at the meeting;
#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.


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{{Societies Act FAQs NavBox}}

Revision as of 18:01, 5 June 2017


What are records to be kept? [s. 20]

Group 1

  • Certificate of Incorporation
  • Constitution
  • Bylaws
  • Statement of Directors and Registered Office
  • Orders by any court, tribunal, or federal, provincial or municipal body
  • Register of Directors, including contact information
  • Written consents to act as Director
  • Written resignation of Directors
  • Any disclosures of a director’s or senior manager’s interest
  • Register of Members, organized by class, including contact information
  • Minutes of each Meeting of Members, including text of resolutions passed
  • Ordinary or Special Resolutions or Consent Resolutions including copies of consents
  • Financial Statements and Auditors Reports

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
  • 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

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?

Yes, to a point. A Society can prevent a member from inspecting minutes of directors meetings and accounting records. The limitations must be set out in your bylaws. Section 20(1) of the new Societies Act provides that its official records can be accessed for inspections.

Can we prevent our members from accessing the register of members?

Inspection of the register of members can be restricted by a directors’ resolution if the directors believe that access would be harmful to the society or a member.


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