New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 55A

55A Voluntary cancellation of incorporation

(1) An incorporated association may apply to the Director-General, in a form approved by the Director-General, to have the incorporation of the association cancelled by the Director-General.

(2) Any such application must:

(a) be approved by a special resolution of the incorporated association, and

(b) be accompanied by a statement indicating the manner in which any surplus property of the association is to be distributed in accordance with section 55B, and

(c) be accompanied by a statement (verified by statutory declaration by 2 members of the committee of the association) that the association is able to pay or meet the association’s debts and liabilities (if any).

(3) The Director-General may, by notice published in the Gazette, cancel the incorporation of the association if the Director-General is satisfied:

(a) that the application is in accordance with subsection (2), and

(b) that the association is able to pay or meet its debts and liabilities, and

(c) all the requirements of this Act in respect of the association have been met.

(4) Any such cancellation takes effect on the date of the publication of the relevant notice in the Gazette or such later date as may be specified in the notice.

(5) If the Director-General is satisfied that the incorporation of an incorporated association was cancelled under this section:

(a) as the result of any error by the Director-General or in the application by the association, or

(b) as a result of any fraud by a member of the association or in order to avoid any liability resulting from an event which arose during the time when the association was incorporated,

the Director-General may reinstate the incorporation of the association and the association is taken to have continued in existence as if its incorporation had not been cancelled.

(6) Despite the cancellation of the incorporation of an association under this section, any liability of any former public officer or other officer or member of the incorporated association continues and may be enforced as if the incorporation of the association had not been cancelled.

(7) If, before the Director-General cancels the incorporation of an association under this section, the incorporated association has commenced to be wound up under section 50 or 51:

(a) the Director-General may cancel the incorporation despite the commencement of the winding up, and

(b) the cancellation of the incorporation does not affect the winding up.