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The winding up of an incorporated association is dealt with under the Corporations (Ancillary Provisions) Act 2001. The following parts of the Corporations Act are particularly relevant to incorporated associations:
Section 33 of the Associations Incorporation Act 1964 provides the manner in which the surplus assets of an association shall be distributed.
Under no circumstances can the assets, property or cash
reserves of an incorporated association be distributed
to members or former members.
An association that is defunct may have its incorporation cancelled (Section 34). Application for cancellation should be made to the Commissioner for Corporate Affairs in writing, setting out the relevant facts including details of the association's financial position.
An association may resolve by special resolution passed at a general meeting of members to cancel its incorporation. (Section 34A). Notice of passing such a resolution should be lodged on the Resolution for Deregistration of an Association form.An information pack is also available from Consumer Affairs and Fair Trading outlining the requirements and options available for deregistering an association.
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