Australian Capital Territory Consolidated Acts

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COMMUNITY TITLE ACT 2001 - SECT 33

Merger and division of bodies corporate

    (1)     A body corporate may be divided into 2 or more separate bodies corporate by unanimous resolution of the body corporate.

    (2)     Rights and liabilities that had accrued to the body corporate before the division takes effect attach to the bodies corporate established by the division both separately and collectively.

    (3)     Two or more bodies corporate established for a scheme may merge to form a single body corporate.

    (4)     Any rights and liabilities that had accrued to the bodies corporate subject to the merger before the merger takes effect attach to the body corporate established by the merger.

    (5)     A merger of bodies corporate, or a division of a body corporate, under this section does not take effect until the community title scheme is amended to reflect the merger or division.

    (6)     If 2 or more bodies corporate are established for the same scheme, constituent documents for the bodies corporate must—

        (a)     define the functions and responsibilities of each body corporate and, in doing so, may create an administrative hierarchy with 1 or more bodies corporate at each level of the hierarchy; and

        (b)     provide for the resolution of disputes between the bodies corporate; and

        (c)     ensure the powers of a body corporate under this Act, so far as they relate to a lot within the scheme, are directly exercisable in relation to the lot by only a single body corporate.



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