New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 31

31 Definitions

In this Division:

(a) a reference to a non-existent incorporated association purporting to enter into a contract is a reference to:

(i) a person executing a contract in the name of an incorporated association, where no such incorporated association exists, or

(ii) a person purporting to enter into a contract as agent or trustee for a proposed incorporated association,

(b) a reference to a person who purports to execute a contract on behalf of a non-existent incorporated association is a reference to a person who executes a contract or purports to enter into a contract as referred to in paragraph (a) (i) or (ii), and

(c) a reference, in relation to the purported entry into a contract by a non-existent incorporated association, to the incorporation of the association is a reference to:

(i) where a person has executed a contract in the name of an incorporated association and no such incorporated association exists-the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the incorporated association in the name of which the person executed the contract, or

(ii) where a person has purported to enter into a contract as agent or trustee for a proposed incorporated association-the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association.