Western Australian Consolidated Acts Western Australian Consolidated Acts When a society is
terminated by an instrument of dissolution —
(1) The instrument of
dissolution shall set forth —
(a) the
liabilities and assets of the society in detail;
(b) the
number of members and the nature of their interests in the society
respectively;
(c) the
claims of creditors (if any) and the provision to be made for their payment;
(d) the
intended appropriation or division of the funds and property of the society,
unless the same be stated in the instrument of dissolution, to be left to the
award of the Registrar.
(2) Alterations in the
instrument of dissolution may be made with the like consents as hereinbefore
provided, testified in the same manner.
(3) A statutory
declaration shall be made by 3 members and the secretary of the society
that the provisions of this Act have been complied with, and shall be sent to
the Registrar with the instrument of dissolution.
(4) The instrument of
dissolution, and all alterations therein, shall be registered in manner herein
provided for the registry of rules, and shall be binding upon all members of
the society.
(5) The Registrar
shall cause a notice of dissolution to be advertised, at the expense of the
society, in the Government Gazette and in some newspaper circulating in the
locality in which the registered office of the society is situated; and
unless, within 3 months from the date of the Government Gazette in which
such advertisement appears, a member or other person interested in or having
any claim on the funds of the society commences proceedings to set aside the
dissolution of the society, and such dissolution is set aside accordingly, the
society shall be legally dissolved from the date of such advertisement, and
the requisite consents to the instrument of dissolution shall be considered to
have been duly obtained without proof of the signatures thereto.
(6) Notice shall be
sent to the Registrar of any proceeding to set aside the dissolution of a
society not less than 7 days before it is commenced by the person taking
such proceeding, and of any order setting a dissolution aside by the society
7 days after such order is made.
[Section 48 amended by No. 70 of 2004 s. 82.]
Offences, penalties, and legal proceedings