ASSOCIATIONS INCORPORATION ACT 1991 - SECT 26 Amalgamation of incorporated associations

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 26

    (1)     Two or more incorporated associations proposing to amalgamate (in this division called the amalgamating associations ) may lodge with the registrar-general a joint application for incorporation as a single association (in this division called the "new association") if—

        (a)     the terms of the proposed amalgamation and a statement of the objects of the new association have each been approved by a special resolution passed by each amalgamating association; and

        (b)     the model rules as in force from time to time, or other rules that comply with section 32, have been adopted as the rules of the new association by a special resolution passed by each amalgamating association.

    (2)     An application—

        (a)     must state—

              (i)     the proposed name of the new association (being a name that complies with division 3.5); and

              (ii)     the name and address of the person nominated by the amalgamating associations to be the inaugural public officer of the new association; and

              (iii)     the names and addresses of at least 3 persons nominated by the amalgamating associations to be the inaugural members of the committee of the new association; and

              (iv)     the address and hours of opening of the registered office (if any) of the new association in accordance with section 121 (1); and

              (v)     the prescribed particulars (if any); and

Note     A person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

        (b)     must be accompanied by—

              (i)     a copy of the statement of the objects of the new association approved in accordance with section 26 (1) (a); and

              (ii)     a statement to the effect that the model rules as in force from time to time have been adopted in accordance with section 26 (1) (b) as the rules of the new association, or a copy of other rules adopted in accordance with that section as the rules of the new association; and

              (iii)     a notice stating particulars of any trust relating to the amalgamating associations or the new association, with a copy of the deed or other instrument creating the trust; and

              (iv)     a statement to the effect that the resolutions referred to in subsection (1) (a) and (b) have been duly passed by the amalgamating associations; and

              (v)     a statement by the applicants in accordance with subsection (3); and

              (vi)     the prescribed documents (if any).

Note     If a form is approved under s 126 (Approved forms) for an application, notice or statement, the form must be used.

    (3)     A statement for subsection (2) (b) (v) must be made jointly by the amalgamating associations to the effect that—

        (a)     the particulars stated in the application are correct; and

        (b)     the copy of each document accompanying the application is a true copy of the document.