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Winding up an Incorporated Association Cancellation of

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					There are two methods available to deregister an                Cancellation of Incorporation of an                          Section 33 of the Act provides the manner in which the
Association under the Association Incorporation Act 1964.                                                                    surplus assets of an association shall be distributed.
They are:                                                       Association
•   wind up under Section 32; or                                Section 34A of the Act allows for organisations to request   Under no circumstances can the assets, property
•   request that the Commissioner cancel Incorporation          cancellation of their incorporation through a special        of cash reserves of an incorporated association be
    under Section 34.                                           resolution. This resolution must be approved by the          distributed to members or former members.
                                                                Commissioner of Corporate Affairs and is only available in
                                                                the following circumstances.
Winding up an Incorporated
Association                                                     •   The motion is passed at an Annual General Meeting        Who should sign and lodge the
Under Section 32 of the Act you have the option of
                                                                    or Special General Meeting                               Resolution for Deregistration of an
winding up through the courts. This step is generally           •   The association is not carrying on business              Association?
taken by Incorporated Bodies that are insolvent.                •   The association assets are worth less than $1000
                                                                                                                             The Public Officer of the Association must sign the Notice
                                                                •   The association has paid all fees and lodged all the     of Special Resolution. If the public officer differs from that
Upon the winding up of an incorporated association, a               required documents with the Commissioner of              registered with the office, the form may be forwarded to
resolution relating to the distribution of the surplus assets       Corporate Affairs up until the date of cancellation      the recorded public officer to be signed. This can delay
of the association should be passed by at least two-thirds                                                                   the cancellation process.
of the members of the association. The court will then
make an order for the distribution of the assets in             Documents to lodge for cancellation
accordance with the resolution.                                 of an Incorporated Association                               What happens after cancellation is
                                                                •   Notice of Special Resolution for Deregistration of an
                                                                                                                             approved?
If the association has not passed a resolution with regards         Association                                              The Commissioner may approve the cancellation of the
to the distribution of assets the court will make an order                                                                   incorporation of the association once all documents
for the distribution of those assets.                           •   Final annual return (no fee if less than 12 months)
                                                                    covering the period up to the date of cancellation       required under the Association Incorporation Act 1964 have
                                                                                                                             been received.
Any assets of the incorporated association remaining on
the winding up of the association after payment of debts        The notice of special resolution must indicate what is
                                                                intended to happen to the assets of the association upon     After approving the cancellation of incorporation
and liabilities of the association and the costs, charges and                                                                notification will be sent to the association and the
expenses of the winding up will be distributed by order of      deregistration.
                                                                                                                             Commissioner will publish a notice of cancellation in the
the court, having regards to the objects and purposes of                                                                     Tasmanian Government Gazette.
the association.
Appeal against cancellation of
incorporation
The public officer, creditor or member of an association
which is cancelled under Section 34 may, within 3 months
after cancellation appeal to a magistrate against the

                                                              Deregistering an
cancellation.

If the magistrate is satisfied that the association has not
ceased to exist he/she may order that the incorporation
be restored. The incorporation would then continue as if
                                                                 Incorporated
it has never been cancelled.                                       Association
The determination of the magistrate on the hearing of an
appeal under this section is final.


Relevant Legislation
Associations Incorporation Act 1964
Associations Incorporation Regulations 2007
Associations Incorporation Direction 1999



Contact Details
Mail:    GPO Box 1244, Hobart TAS 7001
Ph:      (03) 6233 2225
Email:   business.affairs@justice.tas.gov.au
Web:     www.consumer.tas.gov.au/business_affairs

				
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Description: Winding up an Incorporated Association Cancellation of