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ASSOCIATIONS INCORPORATION ACT 1991 - SECT 82 Voluntary transfer of incorporation

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 82

Voluntary transfer of incorporation

    (1)     An incorporated association may apply to the registrar-general for permission to apply for registration of the association under either of the following (a corporation law ):

        (a)     the Corporations Act

;

        (b)     the Corporations (Aboriginal and Torres Strait Islander) Act 2006

(Cwlth).

    (2)     An application for registration under the Corporations Act

must be for registration as a company limited by guarantee.

    (3)     The registrar-general must give the permission if—

        (a)     the association has, by special resolution, resolved to apply for registration of the association under a corporation law; and

        (b)     an application lodged with the registrar-general by the association—

              (i)     is signed by the public officer and 2 members of the committee of the association; and

              (ii)     is accompanied by any documents prescribed by regulation; and

              (iii)     includes a statement to the effect that the special resolution mentioned in paragraph (a) has been passed by the association.

Note     If a form is approved under s 126 for an application, the form must be used.