Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 18

Application for amalgamation

    (1)     The secretaries of each incorporated association that has given approval under section 17(1) to be amalgamated may apply to the Registrar for the incorporation of those associations under this Act as an amalgamated association.

    (2)     The application must be in the approved form and include—

        (a)     the name of the proposed amalgamated association; and

        (b)     the name, address and contact telephone number and email address (if available) of the person nominated to be the first secretary of the proposed amalgamated association; and

        (c)     the prescribed particulars.

    (3)     The application must be accompanied by—

        (a)     a notice in the approved form containing the prescribed particulars of the passing of the special resolutions referred to in section 17(1); and

        (b)     in relation to the rules proposed to be in force on the incorporation of the proposed amalgamated association—

              (i)     a copy of those rules; or

              (ii)     a statement that each association has approved the adoption of the model rules; and

        (c)     the particulars of any trusts relating to the incorporated associations applying for amalgamation and a copy of any deed or other instrument creating or embodying those trusts; and

S. 18(3)(d) amended by No. 33/2015 s. 6.

        (d)     the prescribed fee (if any).

Note

If the rules proposed to be in force vary in any manner from the model rules (other than in particulars relating to the name, purpose or financial year of the proposed amalgamated association) the rules are taken not to be model rules. Consequently, the application must comply with subsection (3)(a)(i) and, on incorporation of the amalgamated association under this Act, sections 49(3) and  49(4) do not apply to those rules.



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