Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 34

Winding up by the court

34. Winding up by the court



(1) The Supreme Court may order the winding up of an incorporated association
if-

   (a)  the incorporated association has by special resolution resolved that
        it be wound up by the court; or

   (b)  the incorporated association suspends its operations for a whole year;
        or

   (c)  the incorporated association is unable to pay its debts; or

   (d)  the incorporated association has traded (except in accordance with
        section 51) or secured pecuniary profit for its members; or

   (e)  the incorporated association has, as trustee, traded (except in
        accordance with section 51) or secured pecuniary profit for the
        members of the incorporated association; or

   (f)  the incorporated association has engaged in activities outside the
        scope of its statement of purpose; or

   (g)  the court is of the opinion that it is just and equitable that the
        incorporated association should be wound up.

(2) An application to the court for the winding up of an incorporated
association must be made by-

   (a)  the incorporated association; or

   (b)  a member or creditor of the incorporated association; or

   (c)  the Registrar; or





   (d)  the statutory manager of the incorporated association.



Division 3-Winding up on certificate of Registrar