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Associations Incorporation Act 1981
sec.106BRequirements for application
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### sec.106B Requirements for application
The application must—
be in the approved form; and
be signed by 3 members of the association’s management committee, 1 of whom must be the president, authorised to make the application (the authorised members ); and
be accompanied by the following—
either—
the association’s certificate of incorporation under this Act; or
if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;
a copy of a special resolution of the association stating—
that the application under this division is approved; and
that the authorised members have authority to sign the application form; and
the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;
a statutory declaration by the association’s president that—
the matters stated in the application form are true; and
this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and
any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
If the application is withdrawn or the chief executive refuses to grant the application, the chief executive must return the association’s certificate of incorporation to the association.
s 106B ins 2011 No. 45 s 221
(sec.106B-ssec.1) The application must— be in the approved form; and be signed by 3 members of the association’s management committee, 1 of whom must be the president, authorised to make the application (the authorised members ); and be accompanied by the following— either— the association’s certificate of incorporation under this Act; or if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed; a copy of a special resolution of the association stating— that the application under this division is approved; and that the authorised members have authority to sign the application form; and the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a statutory declaration by the association’s president that— the matters stated in the application form are true; and this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
(sec.106B-ssec.2) If the application is withdrawn or the chief executive refuses to grant the application, the chief executive must return the association’s certificate of incorporation to the association.
- (a) be in the approved form; and
- (b) be signed by 3 members of the association’s management committee, 1 of whom must be the president, authorised to make the application (the authorised members ); and
- (c) be accompanied by the following— (i) either— (A) the association’s certificate of incorporation under this Act; or (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed; (ii) a copy of a special resolution of the association stating— (A) that the application under this division is approved; and (B) that the authorised members have authority to sign the application form; and (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; (iii) a statutory declaration by the association’s president that— (A) the matters stated in the application form are true; and (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
- (i) either— (A) the association’s certificate of incorporation under this Act; or (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;
- (A) the association’s certificate of incorporation under this Act; or
- (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;
- (ii) a copy of a special resolution of the association stating— (A) that the application under this division is approved; and (B) that the authorised members have authority to sign the application form; and (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;
- (A) that the application under this division is approved; and
- (B) that the authorised members have authority to sign the application form; and
- (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;
- (iii) a statutory declaration by the association’s president that— (A) the matters stated in the application form are true; and (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
- (A) the matters stated in the application form are true; and
- (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and
- (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
- (i) either— (A) the association’s certificate of incorporation under this Act; or (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;
- (A) the association’s certificate of incorporation under this Act; or
- (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;
- (ii) a copy of a special resolution of the association stating— (A) that the application under this division is approved; and (B) that the authorised members have authority to sign the application form; and (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;
- (A) that the application under this division is approved; and
- (B) that the authorised members have authority to sign the application form; and
- (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;
- (iii) a statutory declaration by the association’s president that— (A) the matters stated in the application form are true; and (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
- (A) the matters stated in the application form are true; and
- (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and
- (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.
- (A) the association’s certificate of incorporation under this Act; or
- (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;
- (A) that the application under this division is approved; and
- (B) that the authorised members have authority to sign the application form; and
- (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;
- (A) the matters stated in the application form are true; and
- (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and
- (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.