Changing your society's rules or constitution

What you’ll need to provide

When changing your rules, you’ll need to give us:

• a copy of the updated rules (with the alterations highlighted) or
• a copy of the rule (or rules) that have been changed.

In each case, the document you upload must have been signed by 3 members of your society.

If your rule change also involves a name change, you’ll need to tell us your proposed name. Learn more about changing a society’s name.

When you need to register a change

The 1908 Act doesn’t specify a timeframe for registering a rule change but any change you make will only take effect once it’s been registered with us. Until then, your society must follow the existing rules or constitution.

How to register a rule change

To change your rules online, you must have:

• a RealMe® login
• an online services account for the Incorporated Societies Register
• authority to manage information on the register for your society.

Step by step

Log in to your online services account, from the dashboard select the society you’re updating and follow these steps.

1. On the 'View Details' page, select 'Maintain Incorporated Society'.
2. Then from the drop-down menu, choose 'Change Society Rules/Change Society Name'.
3. Confirm whether your rule change involves a name change.
   
   • If 'Yes', enter the proposed name.
     You can use the ‘Name availability check’ button to ensure the new name is available.
4. Upload a copy of the updated rules.
5. Include any documents to support your change of rules or change of name (this is optional).
6. You can also choose to add comments about the change. These comments will not be available to the public, they will only be visible to the Registrar.
7. Tick the certification box.
8. Complete the signatory details and select ‘Submit’.

What happens next

We will review the details you’ve provided, and this may take up to 3 working days. When we register the change, we'll send you an email confirming the rule change has been registered. The changes take effect from the date we register them.

If your rule change involved a change of name, we’ll issue an updated Certificate of Incorporation. The new name takes effect from the date we register the change.

A name change does not affect the rights or liabilities of the incorporated society, and doesn't affect legal proceedings by, or against, the society. Legal proceedings taken against the society under its former name may be continued against it under its new name.

What you’ll need to provide

When changing your society’s constitution, you’ll need to upload:

• a copy of the entire constitution, as amended, and
• a copy of the specific amendment being changed (see note below), and
• a certificate from an officer with a brief description of the nature of the amendment.

Officer’s certificate

An officer must provide a brief description of the nature of the amendment and certify that —

• they are authorised by the society to complete the certificate, and
• the amendment was made in line with either section 30 or section 31 of the 2022 Act, and
• the constitution as amended, continues to comply with the requirements of the 2022 Act.

When you need to register a change

The 2022 Act specifies that all constitution amendments must be registered within 25 working days of being approved by your members (see note below about minor or technical amendments). Any change you make will only take effect once it’s been registered on the Incorporated Societies Register. Until then, your society must follow its existing registered constitution.

How to register the amendment

To change your society’s constitution amendment online you must have:

• a RealMe® login
• an online services account for the Incorporated Societies Register
• authority to manage information on the register for your society.

Step by step

Log in to your online services account, from the dashboard select the society you’re updating and follow these steps.

1. On the 'View Details' page, select 'Maintain Incorporated Society'.
2. Then from the drop-down menu, choose 'Change Society Constitution'.
3. Upload the following mandatory documents:
   
   • A copy of the constitution as amended.
   • A copy of the clauses that have changed.
   • A certificate - signed by an officer - that provides a brief description of the nature of the amendment and certifies —
     • they are authorised by the society to complete the certificate, and
     • the amendment was made in line with either section 30 or section 31 of the 2022 Act, and
     • the constitution as amended, continues to comply with the requirements of the 2022 Act.
       describing the nature of the amendment.
4. You can choose to upload an additional document to support your constitution amendment.
5. You can also choose to add comments about the change. These comments will not be available to the public, they will only be visible to the Registrar.
6. Complete the signatory details and select ‘Submit’.

What happens next

We will review the details you’ve provided, and this may take up to 3 working days. When we register the change, we'll send you an email confirming the rule change has been registered. The amendments take effect from the date we register them.