65Governor in Council may order amalgamation

65 Governor in Council may order amalgamation

S. 65(1) amended by Nos 112/1993 s. 9(1), 46/1998 s. 7(Sch. 1).

(1) The Governor in Council, on the recommendation of the Minister made after receiving advice from the Secretary under section 64(6) or section 64A, may by Order published in the Government Gazette direct that two or more registered funded agencies be amalgamated.

(2) Where an Order is made under subsection (1)—

(a) on a date specified in the Order—

(i) the incorporation of each registered funded agency to which the Order relates that is an incorporated body shall be cancelled; or

(ii) each registered funded agency to which the Order relates that is an unincorporated body shall cease to exist—

as the case requires; and

(b) on that date a new registered funded agency of the kind specified in the Order having a board or committee of management constituted as specified in the Order shall come into existence by operation of the Order as if on that date—

(i) it had been incorporated under this Act; or

S. 65(2)(b)(ii) substituted by No. 20/2012 s. 226(Sch. 5 item 15(4)).

(ii) it had been registered as an incorporated association under the Associations Incorporation Reform Act 2012; or

(iii) an unincorporated body had been formed; and

(c) on that date, the property of each registered funded agency that is the subject of the Order vests in the new registered funded agency without the necessity for any conveyance, transfer or assignment and so vests subject to—

(i) any trust; and

(ii) any restriction, limitation, mortgage, charge, encumbrance, lien, lease, covenant, contract or liability—

to which the property was subject immediately before that date; and

S. 65(2)(d) amended by No. 66/1998 s. 8(1).

(d) on that date, all debts and liabilities, whether certain or contingent, of a registered funded agency that is the subject of the Order existing at that date become the debts and liabilities of the new registered funded agency; and

S. 65(2)(e) inserted by No. 66/1998 s. 8(1).

(e) on and from that date, each registered funded agency to which the Order relates must be taken, for the purposes of any trust in relation to that agency, not to have had its incorporation cancelled or to have ceased to exist and the new registered funded agency must be taken to be the same body as that agency for those purposes; and

S. 65(2)(f) inserted by No. 66/1998 s. 8(1).

(f) without limiting the effect of paragraph (e), on and from that date, an instrument creating a trust in relation to—