ASSOCIATIONS INCORPORATION ACT 1985 - SECT 20

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 20

20—Incorporation of association

        (1)         If, on an application for incorporation duly made under this Part, the Commission is satisfied—

            (a)         that the association is eligible to be incorporated under this Act; and

            (b)         that the rules of the association conform with the requirements of this Act; and

            (c)         that the name of the association—

                  (i)         is not such as to be misleading as to the nature, objects or purposes of the association; and

                  (ii)         is not such as is likely to be confused with the name of any other body corporate or any registered business name; and

                  (iii)         is not undesirable as a name for an incorporated association; and

                  (iv)         conforms with any direction of the Minister relating to the names of incorporated associations,

the Commission must, subject to subsection (2), register the rules of the association and issue to the association a certificate of incorporation.

        (2)         The Commission may—

            (a)         decline to incorporate an association under this Act if, in its opinion, it would be more appropriate for its activities to be carried on by a body corporate incorporated under some other Act; or

            (b)         with the consent of the Minister, decline to incorporate an association under this Act if, in its opinion, the incorporation of the association under this Act would not be in the public interest.

        (3)         Upon incorporation under this section—

            (a)         the association becomes a body corporate—

                  (i)         with perpetual succession and a common seal; and

                  (ii)         with a corporate name as set out in the certificate of incorporation (in which the word "Incorporated" must appear as part, and at the end, of the name); and

            (b)         all real and personal property held by any person for or on behalf of the association is vested in and held by the incorporated association (subject to any trusts that may affect that property); and

            (c)         all rights and liabilities (whether certain or contingent) of the association immediately before the incorporation of the association become rights and liabilities of the incorporated association.

        (4)         The Registrar-General must—

            (a)         on the application of an incorporated association in which any estate or interest in land has vested by virtue of this section; and

            (b)         on production of such documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the association.