Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 36EA

Application to Registrar

36EA. Application to Registrar



(1) An application may be made to the Registrar to cancel the incorporation of
an incorporated association if the incorporated association-

   (a)  has gross assets of less than $10 000 or such other amount as is
        prescribed by regulation; and

   (b)  has no outstanding debts or liabilities; and

   (c)  has paid all fees and penalties under this Act; and

   (d)  is not a party to any legal proceedings.

(2) An application under subsection (1) may only be made by-

   (a)  an incorporated association that has passed a special resolution
        agreeing to seek cancellation of incorporation under this section; or

   (b)  if the incorporated association is not in operation, a member or a
        former member of the incorporated association; or

   (c)  a statutory manager of the incorporated association appointed under
        section 31D; or

   (d)  an administrator of the incorporated association appointed under
        voluntary administration procedures under Part VIIAC.

(3) The Registrar must not accept an application under this section by a
member or former member of an incorporated association unless the Registrar is
satisfied that the incorporated association is not in operation.

(4) An application to the Registrar under subsection (1) must be made in the
form approved by the Registrar and be accompanied by the prescribed fee, if
any.

(5) The application must include a declaration by the applicant-

   (a)  that all of the matters prescribed in subsection (1) exist in relation
        to the incorporated association; and

   (b)  that the applicant is qualified under subsection (2) to make the
        application; and

   (c)  in the case of an application by a member or former member of the
        incorporated association, that the incorporated association is not in
        operation; and

   (d)  setting out the reasons why the applicant has formed the view that the
        incorporation should be cancelled.