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Associations Act 2003
63Director may direct incorporated association to change its
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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.