NSWIn ForceAct
Associations Incorporation Act 2009
61AWinding up on Secretary’s certificate
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#### 61A Winding up on Secretary’s certificate
61A Winding up on Secretary’s certificate
(cf [Co-operatives National Law (NSW)](/view/html/inforce/current/act-2012-29a), section 443)
> > (1) An association may be wound up on a certificate of the Secretary if—
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> > > (a) the association ceases operations, or
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> > > (b) the association ceases to have 5 or more members, or
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> > > (c) the association’s committee has not been able to form a quorum for 2 months, or
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> > > (d) the Secretary is satisfied that there is a significant public interest in winding up the association or that not winding up the association may place public funds at risk.
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> > (2) Before giving a certificate, the Secretary—
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> > > (a) must give notice of the proposed certificate to be given to the association stating the ground or grounds referred to in subsection (1) that the Secretary believes exist, and
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> > > (b) must give the association and its members at least 28 days within which to make submissions to the Secretary with respect to the proposed certificate, and
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> > > (c) must give due consideration to any submissions that are made within that period.
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> > (3) (Repealed)
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> > (4) A winding up on a certificate of the Secretary starts when the certificate is given.
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> > (5) On the giving of a certificate, the Secretary may appoint a person to be the liquidator of the association.
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> > (6) The liquidator must, within 10 days after appointment, give notice of his or her appointment in the manner prescribed by the regulations (if any).
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> > (7) A vacancy occurring in the office of liquidator is to be filled by a person appointed by the Secretary.
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> > (8) The Secretary may fix—
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> > > (a) the security to be given by a liquidator, and
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> > > (b) the fees payable to a liquidator.
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> **s 61A:** Ins 2016 No 1, Sch 1 \[16\]. Am 2020 No 30, Sch 1.4; 2024 No 25, Sch 6.2\[1\].