Western Australian Current Acts

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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.



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