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Difference between revisions of "Transition (Societies Act FAQs)"
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Transition (Societies Act FAQs) (view source)
Revision as of 23:47, 29 December 2016
, 23:47, 29 December 2016no edit summary
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{{Societies Act FAQs TOC}} | {{Societies Act FAQs TOC}} | ||
==When can we pass the updated bylaws and constitution?== | |||
When you transition, you will remove any unalterable provisions from your constitution and place them in their own section in your bylaws, indicating that they are "previously unalterable." You should not change your purposes upon transitioning. If all you are doing is moving the unalterables to your bylaws the Society does not need to take those changes to the membership. | |||
If, however you are changing your bylaws you could submit those to the membership before you transition. However, the Special Resolution must state that the bylaw changes do not come into effect until proclamation of the new Societies Act, November 28, 2016. Once passed, this special resolution is NOT filed. After proclamation, when the Society is ready to transition you can do so with updated bylaws. The system will ask for the date of the special resolution which you will then enter into the system. | |||
==How do we consolidate bylaws?== | ==How do we consolidate bylaws?== | ||
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(2): No other person is entitled to receive a notice of a general meeting. | (2): No other person is entitled to receive a notice of a general meeting. | ||
==Do we have to do anything before November 28, 2016?== | |||
Technically, no. You have two years after November 28, 2016 to file your transition application. However, there are things you can do in order to prepare for transition. The Registry Services lists some of these things on its [http://www.bcregistryservices.gov.bc.ca/local/bcreg/documents/SocActFiles/Timeline_On_Amendments.pdf timeline]. However, you do not need to do all of the things listed. For example, if your society will not become member-funded, there is no need to pass a special resolution to adopt a member-funded society status when filing your transition application. | |||
==What changes take effect automatically on November 28, 2016 and what changes take effect only after transitioning to the new Act?== | |||
When you transition has no effect on when the provisions in the new Societies Act take effect. The changes in the new Act take effect when the new Act takes effect, on November 28, 2016. These changes happen all at once for all societies across BC - the changes are not implemented on a society-by-society basis as each society transitions.Here are some of the changes that will take effect when the new Act comes into effect on November 28, 2016: | |||
*the default for passing of a special resolution | |||
(not a majority vote) will change from 75% to 2/3rds. **However, keep in mind that if your bylaws | |||
currently require a 75% threshold to pass a special resolution, this will still be the standard for your society despite the lowered threshold in the new Act. | |||
*The requirement for new financial statement disclosure | |||
**Your financial disclosures will have to be included on your financial statements as soon as the new Act is in force, even before you transition. | |||
==On transition, can we correct the spelling errors that were on the original filed bylaws?== | |||
Yes, you may correct spelling errors when you transition. | |||
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