ASSOCIATIONS INCORPORATION ACT 1991 - SECT 28 Effect of incorporation—amalgamated associations
ASSOCIATIONS INCORPORATION ACT 1991 - SECT 28
Effect of incorporation—amalgamated associations(1) On the incorporation of a new association under section 27—
(a) each of the amalgamating associations that was a party to the incorporation is taken to have been dissolved and to have had its incorporation cancelled; and
(b) the bodies corporate previously constituted by the amalgamating associations are taken to be subsumed in the body corporate constituted by the new association; and
(c) any property or proprietary or other right that was, immediately before the date when the new association was incorporated, vested in an amalgamating association are, subject to any trust affecting the property or right, taken to be vested in, and may be exercised or enforced by, the new association; and
(d) any liability, obligation or penalty that could have been enforced against or recovered from an amalgamating association immediately before that date is enforceable against or recoverable from the new association; and
(e) any investigation, legal proceeding or remedy that could, immediately before that date, have been instituted, continued or enforced against an amalgamating association may be instituted, continued or enforced against the new association; and
(f) this Act applies in relation to the new association as if it had been incorporated under section 19.
(2) If, under subsection (1) (c), land or an interest in land (being land in the ACT) held by an existing association is taken to be property of a new association, the registrar-general must, on production of the certificate of incorporation of the new association, enter the new association as the registered proprietor of the land or interest in land on the land titles register.
(3) A reference in a will or other instrument to an association that was a party to the incorporation of a new association under section 27 must, unless the will or other instrument otherwise provides, be construed as a reference to the new association.