sec.92AApplication for cancellation of incorporation

### sec.92A Application for cancellation of incorporation An application may be made to the chief executive to cancel the incorporation of an incorporated association if the association— has no outstanding debts or liabilities; and has paid all fees and penalties applying to it under this Act; and is not a party to any legal proceedings. The application may be made only by— if the association has passed a special resolution under its rules approving the making of the application—the association; or if the association is under voluntary administration—the administrator of the association. The application must be in the approved form and accompanied by— a declaration by the applicant— that all of the matters mentioned in subsection (1) exist in relation to the association; and that the applicant is qualified under subsection (2) to make the application; and setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and if subsection (2) (a) applies—a copy of the special resolution passed by the association— approving the making of the application; and providing for the distribution of the surplus assets of the association; and the prescribed fee. If the application is made by an association that has passed a special resolution mentioned in subsection (2) (a) , the application must be made within 1 month after the passing of the special resolution. In this section— surplus assets , in relation to the cancellation of the incorporation of an association, means those assets that remain after the liabilities of the association have been discharged and the costs and expenses of the cancellation have been paid. s 92A ins 2020 No. 17 s 36 (sec.92A-ssec.1) An application may be made to the chief executive to cancel the incorporation of an incorporated association if the association— has no outstanding debts or liabilities; and has paid all fees and penalties applying to it under this Act; and is not a party to any legal proceedings. (sec.92A-ssec.2) The application may be made only by— if the association has passed a special resolution under its rules approving the making of the application—the association; or if the association is under voluntary administration—the administrator of the association. (sec.92A-ssec.3) The application must be in the approved form and accompanied by— a declaration by the applicant— that all of the matters mentioned in subsection (1) exist in relation to the association; and that the applicant is qualified under subsection (2) to make the application; and setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and if subsection (2) (a) applies—a copy of the special resolution passed by the association— approving the making of the application; and providing for the distribution of the surplus assets of the association; and the prescribed fee. (sec.92A-ssec.4) If the application is made by an association that has passed a special resolution mentioned in subsection (2) (a) , the application must be made within 1 month after the passing of the special resolution. (sec.92A-ssec.5) In this section— surplus assets , in relation to the cancellation of the incorporation of an association, means those assets that remain after the liabilities of the association have been discharged and the costs and expenses of the cancellation have been paid. - (a) has no outstanding debts or liabilities; and - (b) has paid all fees and penalties applying to it under this Act; and - (c) is not a party to any legal proceedings. - (a) if the association has passed a special resolution under its rules approving the making of the application—the association; or - (b) if the association is under voluntary administration—the administrator of the association. - (a) a declaration by the applicant— (i) that all of the matters mentioned in subsection (1) exist in relation to the association; and (ii) that the applicant is qualified under subsection (2) to make the application; and (iii) setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and - (i) that all of the matters mentioned in subsection (1) exist in relation to the association; and - (ii) that the applicant is qualified under subsection (2) to make the application; and - (iii) setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and - (b) if subsection (2) (a) applies—a copy of the special resolution passed by the association— (i) approving the making of the application; and (ii) providing for the distribution of the surplus assets of the association; and - (i) approving the making of the application; and - (ii) providing for the distribution of the surplus assets of the association; and - (c) the prescribed fee. - (i) that all of the matters mentioned in subsection (1) exist in relation to the association; and - (ii) that the applicant is qualified under subsection (2) to make the application; and - (iii) setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and - (i) approving the making of the application; and - (ii) providing for the distribution of the surplus assets of the association; and