ASSOCIATIONS INCORPORATION ACT 2009 - SECT 61A Winding up on Secretary's certificate

ASSOCIATIONS INCORPORATION ACT 2009 - SECT 61A

61A Winding up on Secretary's certificate

(cf Co-operatives National Law (NSW) , section 443)

(1) An association may be wound up on a certificate of the Secretary if--

(a) the association ceases operations, or

(b) the association ceases to have 5 or more members, or

(c) the association's committee has not been able to form a quorum for 2 months, or

(d) the Secretary is satisfied that there is a significant public interest in winding up the association or that not winding up the association may place public funds at risk.

(2) Before giving a certificate, the Secretary--

(a) must give notice of the proposed certificate to be given to the association stating the ground or grounds referred to in subsection (1) that the Secretary believes exist, and

(b) must give the association and its members at least 28 days within which to make submissions to the Secretary with respect to the proposed certificate, and

(c) must give due consideration to any submissions that are made within that period.

(3) A notice to be given to an association under subsection (2) must be sent--

(a) by post addressed to the association at the association's official address, or

(b) if the Secretary suspects that the association's official address is no longer in use--

(i) by post addressed to the association at another address that appears to the Secretary to be an address that is used by, or related to, the association, or

(ii) by email addressed to the association at an email address that appears to the Secretary to be an email address that is used by, or related to, the association.

(4) A winding up on a certificate of the Secretary starts when the certificate is given.

(5) On the giving of a certificate, the Secretary may appoint a person to be the liquidator of the association.

(6) The liquidator must, within 10 days after appointment, give notice of his or her appointment in the manner prescribed by the regulations (if any).

(7) A vacancy occurring in the office of liquidator is to be filled by a person appointed by the Secretary.

(8) The Secretary may fix--

(a) the security to be given by a liquidator, and

(b) the fees payable to a liquidator.