South Australian Consolidated Acts

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SOUTH AUSTRALIAN CO-OPERATIVE AND COMMUNITY HOUSING ACT 1991 - SECT 23

23—Incorporation

        (1)         On the issue of a certificate of incorporation under this Act in respect of a housing co-operative

            (a)         the co-operative becomes a body corporate—

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

                  (ii)         with, subject to this Act and the rules of the co-operative, full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate; and

            (b)         all real and personal property held by any person for or on behalf of the co-operative vests in the co-operative (subject to any trusts that may affect that property); and

            (c)         all rights and liabilities (whether certain or contingent) exercisable against the members or officers of the co-operative in their capacity as such immediately before the incorporation of the co-operative become rights and liabilities of the registered housing co-operative.

        (2)         The Registrar-General must—

            (a)         on the application of a co-operative in which any estate or interest in land has vested by virtue of this section; and

            (b)         on production of such duplicate instruments of title and other documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the co-operative.

        (3)         The vesting of property in a co-operative under this section, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.



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