Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 136

Application for cancellation of incorporation

    (1)     An application may be made to the Registrar to cancel the incorporation of an incorporated association if the 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 applying to it under this Act; and

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

    (2)     The application may only be made by—

        (a)     the association, if the association has passed a special resolution approving the making of the application; or

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

        (c)     a statutory manager of the association appointed under section 116; or

        (d)     if the association is under voluntary administration—the administrator of the association.

    (3)     The application must be—

        (a)     in the approved form; and

        (b)     accompanied by the prescribed fee (if any).

    (4)     The application must include a declaration from the applicant—

        (a)     that all of the matters specified in subsection (1) exist in relation to the 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 association—that the association is not in operation; and

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



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