The new BC Societies Act allows for the creation of classes of voting and non-voting members, a welcome change many new and transitioning societies are taking advantage of. But what are the rights of non-voting members, and when should non-voting classes be considered?
Category: News
All news related to the new BC Societies Act
When are my “previously unalterables” still unalterable?
I’m asked a lot about the “previously unalterable” provisions: those sections of a society’s constitution which must be moved into the bylaws and may be altered by a special resolution of the membership after the society transitions. But some societies are not at liberty to change these, at least not without ministerial permission. Others may put their funding or charitable status at risk if they modernize their bylaws.
“Oppression” under the new Societies Act
The oppression remedy seeks to protect members from unfair actions taken by a society, its members, or its directors. Outside a request to wind-up a society, the new Societies Act brings in a wider and more accessible oppression remedy which borrows from corporate law but does not exactly reproduce it.
Alexander Holburn: Societies Transition Newsletter
Alexander Holburn, a Vancouver law firm, has published a transition newsletter highlighting the process.
BC Registries: Walkthrough of Societies Online application
Dye & Durham and Debbie Turner, the Deputy Registrar of Companies, have put together a video explaining the Societies Online application. The presentation breaks down how the new web application works, and how a society will transition itself using the system.
Free how-to guide on transitioning an existing society: People’s Law School
The People’s Law School has published a free online how-to guide to transition a BC society under the new Societies Act. The guide provides a step-by-step breakdown of the transition process and a robust breakdown of organizational governance topics and new Act benefits which a BC society may wish to revise its bylaws to take advantage of.
BC Registries: New website, Confirm PINs mailed early November
BC Registries (“RegCo”) have a new website, a new Societies Act website, and a new consolidated Frequently Asked Questions. The RegCo has also begun to send out Societies Online PIN code letters to societies’ registered records offices.
BC Registries: New FAQ re: special gaming licenses for member-funded societies
BC Registries has clarified whether a member-funded society may apply for a gambling event license in order to conduct fundraising activities.
BC Registries: Extra Provincially Registered Societies must “on-board”, not transition
BC Registries has provided additional guidance for non-BC societies who may be registered in BC. Such extraprovincial non-share corporations must “on-board” to the new electronic registries system to avoid being struck by the Registrar, but do not need to transition. They must also register within 60 days of beginning to carry on activities in B.C. and appoint a qualified attorney if its head office is not in B.C.
BC Registries provide more information on transition, digital on-boarding
At a presentation in Vancouver in early July, staff from the BC Registries provided some additional information on the transition process meant to assist those without legal representation to transition their societies. The talk primarily dealt with the new online registries system, as well as an “onboarding” process which will take place in October 2016.