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Associations Incorporation Act 1981
sec.90Voluntary winding up under Corporations Act
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### sec.90 Voluntary winding up under Corporations Act
This section applies to an incorporated association that has surplus property to be distributed on winding up.
The incorporated association may be wound up voluntarily if the association so resolves by special resolution.
A copy of the special resolution must be lodged with the chief executive within 1 month after the passing of the resolution.
Subsection (5) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .
The voluntary winding up of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes—
the changes to the provisions of the Corporations Act mentioned in schedule 1 ;
any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.
In this section—
prescribed provisions means—
the Corporations Act , parts 5.5 and 5 .6; and
the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.5 and 5 .6.
s 90 amd 1981 No. 111 s 23 sch ; 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 12 ; 1999 No. 63 s 11
sub 2020 No. 17 s 34
(sec.90-ssec.1) This section applies to an incorporated association that has surplus property to be distributed on winding up.
(sec.90-ssec.2) The incorporated association may be wound up voluntarily if the association so resolves by special resolution.
(sec.90-ssec.3) A copy of the special resolution must be lodged with the chief executive within 1 month after the passing of the resolution.
(sec.90-ssec.4) Subsection (5) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .
(sec.90-ssec.5) The voluntary winding up of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes— the changes to the provisions of the Corporations Act mentioned in schedule 1 ; any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.
(sec.90-ssec.6) In this section— prescribed provisions means— the Corporations Act , parts 5.5 and 5 .6; and the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.5 and 5 .6.
- (a) the changes to the provisions of the Corporations Act mentioned in schedule 1 ;
- (b) any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.
- (a) the Corporations Act , parts 5.5 and 5 .6; and
- (b) the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.5 and 5 .6.