ASSOCIATIONS INCORPORATION ACT 2015 - SECT 106
ASSOCIATIONS INCORPORATION ACT 2015 - SECT 106
106 . Incorporation of new body
(1) If on application
duly made the Commissioner is satisfied that the requirements set out in
subsection (2) have been met, the Commissioner must, subject to subsection (4)
and section 107, incorporate the new body by the issue to it of a certificate
of incorporation in the approved form.
(2) The requirements
referred to are that —
(a) the
special resolutions mentioned in section 102(4) have been passed; and
(b) the
new body is eligible to be incorporated under this Act; and
(c) the
considerations mentioned in section 11(1)(a) or (b) do not apply; and
(d) the
name of the new body is appropriate having regard to section 12; and
(e) the
rules of the new body comply with section 22.
(3) The issue of a
certificate of incorporation to the new body automatically cancels the
incorporation of an incorporated association that is a party to the
amalgamation.
(4) The Commissioner
must not issue a certificate of incorporation to the new body unless —
(a) each
certificate of incorporation of an incorporated association that is a party to
the amalgamation has been returned to the Commissioner; or
(b) the
Commissioner is satisfied that the certificate has been lost or destroyed.