ASSOCIATIONS INCORPORATION ACT 2009 - SECT 6 Application for registration

ASSOCIATIONS INCORPORATION ACT 2009 - SECT 6

6 Application for registration

(1) An application for registration of an association may be made to the Secretary on behalf of--

(a) 5 or more individuals, or

(b) an unincorporated body having 5 or more members, or

(c) a registrable corporation having 5 or more members or shareholders, or

(d) 2 or more existing associations together having 5 or more members.

(2) Such an application must be authorised--

(a) in the case of an application made on behalf of 5 or more individuals, by each of the individuals, and

(b) in the case of an application made on behalf of an unincorporated body, by a special resolution passed by the members of the body, and

(c) in the case of an application made on behalf of a registrable corporation, by a special resolution passed by the members of the corporation, and

(d) in the case of an application made on behalf of 2 or more associations proposing to amalgamate, by special resolutions passed by the members of each association.

(3) An application--

(a) must be in the approved form, and

(b) must specify the association's proposed name and the address that is to be the association's first official address, and

(c) must include a statement of the association's objects, and

(d) must annex a copy of the association's proposed constitution (or a statement that the association's proposed constitution adopts all the provisions of the model constitution without modification), and

(e) must identify the person who is to be the association's first public officer, and

(f) must include copies of any special resolution referred to in subsection (2) (b), (c) or (d), and

(g) in the case of an application made on behalf of a registrable corporation, must annex a document (issued by the relevant regulatory authority under the law under which it is currently incorporated) declaring that the requirements of that law in relation to the transfer of its registration under that law to registration under some other law have been complied with, and

(h) must include any information required by the regulations, and

(i) must be accompanied by the fee prescribed by the regulations.

(4) An association's proposed official address must be an address within New South Wales--

(a) at which the person who is to be the association's first public officer can generally be found, and

(b) at which documents can be served on the association by post.

(5) An association's proposed constitution must address each of the matters referred to in Schedule 1.