63Director may direct incorporated association to change its

63 Director may direct incorporated association to change its incorporation (1) The Director may, by written notice given to an incorporated association direct the association, within the reasonable time stated in the notice, as follows: (a) if: (i) the association is an incorporated trading association – to return the association's certificate of incorporation for the Director to amend it to omit the statement referred to in section 9(2); or

Associations Act 2003 43 (ii) if subparagraph (i) does not apply – to return the association's certificate of incorporation for the Director to amend it to include the statement referred to in section 9(2); (b) to apply for incorporation under the Corporations Act 2001 or another Act. (2) The Director may give the direction only if satisfied it is appropriate to do so having regard to the prescribed matters. (3) The Director must give written notice to the association: (a) specifying the reasons for proposing to give the direction; and (b) inviting the association to show cause, in writing and within a specified period, why the direction should not be given. (4) Before giving the direction, the Director must consider any representations properly made by the association. (5) The association must comply with the direction within the time specified in it. (6) The amendment of the association's certificate of incorporation under a direction under subsection (1)(a) takes effect on the date the amendment is made and this Act applies to the association accordingly.