25AApplication to bring company under Act

### 25A Application to bring company under Act > *\[Section 25A Inserted by No. 13 of 1993, s. 14 \]* > > > (1)  [*\[Section 25A Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja4@GC7@EN) A company in respect of which a licence is in force under section 150 and 151 of the Corporations Act may apply in writing to the Commissioner, in a form approved by the Commissioner, for incorporation as an association under this Act where– > > > > > > (a) the company has passed a special resolution approving the making of the application; and > > > > > > > (b) the objects of the company are objects for which an incorporated association may lawfully be carried on; and > > > > > > > (c) the company has articles of association that comply with this Act, or upon incorporation under this Act will have rules or articles of association that so comply, whether by reason of the adoption of rules or the model rules or the alteration of its articles of association. > > > (2)  A company that intends to make an application under [subsection (1)](#GS25A@Gs1@EN) may, notwithstanding any other law to the contrary, make an alteration of its articles of association, or adopt rules or the model rules, to have effect from the date on which a certificate of incorporation is granted to it under this Act as if it were an incorporated association and the articles or rules were the rules of an incorporated association. > > > (3)  An application by a company under [subsection (1)](#GS25A@Gs1@EN) is to be in a form approved by the Commissioner and – > > > > > > (a) is to state – > > > > > > > > > > (i) its proposed name upon incorporation, being a name under which an association may be incorporated in accordance with [section 9](#GS9@EN) ; and > > > > > > > > > > > (ii) the place in Tasmania where the principal place of administration of the incorporated association is proposed to be situated; and > > > > > > > > > > > (iii) the name and address in the State of a member who is resident in the State and who has been nominated as the first public officer of the proposed incorporated association, being a person who has attained the age of 18 years; and > > > > > > > (b) is to be accompanied by – > > > > > > > > > > (i) a statement of objects as proposed to be in force upon its incorporation under this Act; and > > > > > > > > > > > (ii) a copy of its articles of association or rules as proposed to be in force upon its incorporation under this Act or a statement that its rules will be the model rules; and > > > > > > > > > > > (iii) the name, address and occupation of each of its directors; and > > > > > > > (c) is to contain such other particulars as may be prescribed; and > > > > > > > (d) is to be accompanied by the prescribed fee. > > > (4)  Where an application is made under this section, the Commissioner, if satisfied that there is no reasonable cause why the company should not be incorporated under this Act and that the company is not carried on for the object of trading or securing pecuniary profit for its members, must – > > > > > > (a) incorporate the company under this Act by granting in respect of it a certificate of incorporation; and > > > > > > > (b) cause a notice of the incorporation of the company under this Act to be published in the *Gazette*.