6Application for incorporation

6 Application for incorporation

(1) A person who is authorised under section 5(1)(a) to do so may apply to the Registrar for the incorporation of an association.

(2) A person who is authorised under section 5(1)(a) to apply to the Registrar for the incorporation of an association may do anything necessary to secure the incorporation of the association under this Act despite anything to the contrary contained in the rules of the association.

(3) The application must be in the approved form and include—

(a) the name of the proposed incorporated association; and

(b) the name, address and contact telephone number and email address (if available) of the person nominated to be the first secretary of the proposed incorporated association; and

S. 6(4) substituted by No. 33/2015 s. 4.

(4) The application must—

(a) in relation to the rules of the proposed incorporated association—

(i) be accompanied by a copy of those rules; or

(ii) state that the association has approved the adoption of the model rules; and

(b) state whether the association is to be the trustee of one or more trusts and, if so, state the name of each trust; and

(c) be accompanied by, or make provision for the payment of, the prescribed fee (if any).

Note to s. 6(4) amended by No. 57/2013 s. 4, substituted by No. 33/2015 s. 4.

If the rules approved by an association vary in any manner from the model rules (other than in particulars relating to the name, purpose or financial year of the proposed incorporated association), the rules are taken not to be model rules. Consequently, the application must comply with subsection (4)(a)(i) and, on the incorporation of the association under this Act, sections 49(3) and 49(4) do not apply to those rules.