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Roman Catholic Church (Incorporation of Church Entities) Act 1994
sec.33Request to dissolve entity
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### sec.33 Request to dissolve entity
A bishop may ask the chief executive to dissolve an incorporated church entity functioning in the bishop’s diocese or archdiocese.
The Corporation of the Bishops may also ask the chief executive to dissolve an incorporated church entity.
The request may be made only if—
dissolution of the entity accords with canon law; and
for an entity that is a religious institute, a public juridical person, or an associated entity of a religious institute or public juridical person—the competent authority of the religious institute, or public juridical person, who has jurisdiction for the State has given the person making the request written consent to the making of the request.
The request must—
be in a form approved by the chief executive; and
state the entity; and
state the reason for the request; and
state the church entity or other entity (the successor entity ) in whom the entity’s assets and liabilities vest on dissolution; and
state whether or not the entity’s dissolution accords with canon law; and
for an entity that is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (3) (b) .
One of the following must accompany the request—
the entity’s certificate of incorporation;
if the bishop or the Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact.
s 33 amd 1995 No. 57 s 4 sch 2 ; 1999 No. 63 s 85 ; 2013 No. 62 s 54
(sec.33-ssec.1) A bishop may ask the chief executive to dissolve an incorporated church entity functioning in the bishop’s diocese or archdiocese.
(sec.33-ssec.2) The Corporation of the Bishops may also ask the chief executive to dissolve an incorporated church entity.
(sec.33-ssec.3) The request may be made only if— dissolution of the entity accords with canon law; and for an entity that is a religious institute, a public juridical person, or an associated entity of a religious institute or public juridical person—the competent authority of the religious institute, or public juridical person, who has jurisdiction for the State has given the person making the request written consent to the making of the request.
(sec.33-ssec.4) The request must— be in a form approved by the chief executive; and state the entity; and state the reason for the request; and state the church entity or other entity (the successor entity ) in whom the entity’s assets and liabilities vest on dissolution; and state whether or not the entity’s dissolution accords with canon law; and for an entity that is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (3) (b) .
(sec.33-ssec.5) One of the following must accompany the request— the entity’s certificate of incorporation; if the bishop or the Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact.
- (a) dissolution of the entity accords with canon law; and
- (b) for an entity that is a religious institute, a public juridical person, or an associated entity of a religious institute or public juridical person—the competent authority of the religious institute, or public juridical person, who has jurisdiction for the State has given the person making the request written consent to the making of the request.
- (a) be in a form approved by the chief executive; and
- (b) state the entity; and
- (c) state the reason for the request; and
- (d) state the church entity or other entity (the successor entity ) in whom the entity’s assets and liabilities vest on dissolution; and
- (e) state whether or not the entity’s dissolution accords with canon law; and
- (f) for an entity that is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (3) (b) .
- (a) the entity’s certificate of incorporation;
- (b) if the bishop or the Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact.