New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4)
All real and personal property and all right an interest therein and all management and control of any land or thing which is vested in the trustees of the Association in trust for the Association shall vest in and belong to the corporation.
All moneys, liquidated and unliquidated claims which immediately before the commencement of this Act are payable to or recoverable by the Association or any person for or on behalf of the Association shall be moneys, liquidated and unliquidated claims payable to or recoverable by the corporation.
All suits, actions and proceedings pending at the suit of the Association or any person for or on behalf of the Association in relation to any matter or claim whatsoever shall be suits, actions and proceedings pending at the suit of the corporation.
All contracts, agreements, and undertakings entered into with and all securities lawfully given to or by any person for or on behalf of the Association and in force at the commencement of this Act shall be contracts, agreements, and undertakings entered into with and securities given to or by the corporation.
The corporation may pursue the same remedies for the recovery of any such moneys and claims, and for the prosecution of such suits, actions, and proceedings as the Association or any person for or on behalf of the Association might have done but for this Act.
The corporation may enforce and realise any security or charge existing at the commencement of this Act in favour of the Association or any person for or on behalf of the Association in respect of any such moneys and claims as if such security or charge were existing in favour of the corporation.
All debts due and moneys payable by, and all claims, liquidated and unliquidated, recoverable against the Association or any person for or on behalf of the Association shall be debts due and moneys payable by and claims recoverable against the corporation.
It shall be lawful for the Executive at any time to design and to change or alter the common seal of the corporation.
The common seal shall be kept in the custody of the secretary and shall not
be affixed to any instrument except in pursuance of a resolution of the
Executive.
Any instrument executed in pursuance of any such resolution shall be attested
by the signature of any two members of the Executive.
All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the corporation affixed to any deed or instrument, and shall, where the instrument purports to have been executed in accordance with clause nine of this Schedule, presume that such seal was properly affixed thereto.
Any notice, summons, writs or other proceeding required to be served upon the trust may be served by being left at the office of the corporation.
Every notice, order, summons or other like document requiring authentication by the corporation may be sufficiently authenticated without the seal of the corporation if signed by the secretary.
As soon as
practicable after the commencement of this Act an instrument certified under
the seal of the corporation to be a copy of the constitution shall be
registered in the office of the Registrar-General in the manner prescribed by
regulations made under the Conveyancing Act 1919 as amended by subsequent
Acts; and upon any alteration in the said constitution there shall be
registered in the said office in like manner an instrument certified under the
said seal setting forth the terms of the said alteration.
The production of a copy of any instrument so registered, certified by the
Registrar-General or a Deputy Registrar-General, shall be received in all
courts as conclusive evidence of the contents of the instrument; and in favour
of any person dealing bona-fide and for value with the corporation shall,
together with this Act, be conclusive evidence of the objects and powers for
the time being of the corporation unless such person shall have notice to the
contrary.
As soon as practicable after the commencement of this Act a notification of the address of the office of the corporation in or to the effect of the form and in the manner prescribed by regulations made under the Conveyancing Act 1919 as amended by subsequent Acts, shall be registered in the office of the Registrar-General and a like notification of every change of address shall be registered in like manner.
It shall be the duty of the secretary to take all necessary steps to comply with the provisions of clauses thirteen and fourteen of this Schedule.
The persons who, immediately before the commencement of this Act, hold office as members of the Executive shall continue to hold such office until their successors are elected or appointed in accordance with the constitution.
The secretary and other officers and employees of the Association holding office immediately before the commencement of this Act shall continue to hold their respective offices until the same are terminated in accordance with the constitution.