New South Wales Consolidated Regulations

ASSOCIATIONS INCORPORATION REGULATION 1999 - REG 17

17 Incorporation of association as a company

(1) For the purpose of becoming registered as a company under the Corporations Act 2001 of the Commonwealth, an incorporated association:

(a) must determine, by special resolution:

(i) to apply to become so registered, and

(ii) the name under which the association is to apply to become so registered, and

(iii) to adopt a memorandum of association or articles of association, or both, or to adopt neither a memorandum of association nor articles of association, and

(b) must cause an application for registration of the association as a company to be lodged with the Director-General, and

(c) must, in all other respects, comply with the relevant provisions of the Corporations Act 2001 of the Commonwealth with respect to the incorporation of companies.

(2) An application referred to in subclause (1) (b):

(a) must be in the form required by the Director-General, and

(b) must be executed under the common seal of the incorporated association, and

(c) must be accompanied by a copy of the special resolution referred to in subclause (1) (a) and of any memorandum of association or articles of association to be adopted for the proposed company.