Supporting Not-For-Profits
MoranLaw acts for an array of Not-For-Profit clients across the country, from helping local clubs and community groups, to supporting some of New Zealand’s largest and leading charities with their commercial, governance and structuring needs. We are specialists at helping incorporated societies with their compliance and re-registration under the Incorporated Societies Act 2022.
Our team takes great pride in supporting the mahi of our Not-For-Profit (NFP) clients whose initiatives include environmental sustainability, disability support, social services, inclusion and wellbeing.
Incorporated Societies
We are recognised experts and thought leaders in incorporated societies law, having worked with societies navigating the changes required by the Incorporated Societies Act 2022 since before that legislation came into effect.
We review and advise on existing constitutions, provide expert constitutional drafting, and offer societies guidance through the re-registration process.
We regularly attend annual and special general meetings to support incorporated societies to adopt new constitutions, and frequently present directly to members to answer questions and provide support through constitutional reform and adoption.

Entity Structuring and Formation
We advise clients wanting to establish NFP organisations on the entity types and structuring options available, and assist in the formation of new NFP entities and group structures.
We provide expert legal drafting to create and amend governing documents including constitutions and trust deeds.
We also advise existing NFP entities and groups on structuring changes such as creating new entities, amalgamations, asset transfers, and acquisitions.
We have established relationships with investment and accounting advisers to provide related advice and support through structuring and restructuring processes.

Charities / NFP Compliance
We are experts at guiding NFP clients through the process of applying for charity status.
We provide specialist advice on the requirements of charity status, help NFPs to apply and advise on interactions with Charities Services throughout the application process.
We also advise and support NFPs on the compliance requirements applicable to their entity type and status, including NFP-specific tax considerations, annual and charity reporting and filing annual returns on behalf of clients.
Our established relationships with investment and accounting advisers are also beneficial to support NFPs with their compliance obligations.

Governance
Our expert team has hands-on NFP governance experience across various sectors, which ensures that we provide pragmatic governance advice.
We advise NFP organisations on governance matters including meeting procedure, decision-making processes, conflicts of interest, risk assessment and mitigation, strategy, and personnel issues. We prepare and review governance policies and advise on arrangements to support effective, efficient operations.
We are often invited to present to governance groups and attend governance meetings to provide in-person advice and facilitate discussion.

Complaints / Disputes
We advise NFP clients on complaint and dispute processes, including preparing and reviewing policies and complaints procedures, and advising on how to address specific complaint scenarios.
We work closely with incorporated societies with regulatory or quasi-regulatory functions through which they receive public complaints against their members, and we are often called upon to guide clients through challenging complaints or dispute matters.
We also advise clients in relation to appeals and escalation options for unresolved disputes.
