Closing an association 

This page provides information on the number of ways an association can be closed.

Voluntary cancellation 

An incorporated association can apply to voluntarily cancel its registration. For information on the procedure please visit the Voluntary cancellation page on the Fair Trading website.

If an association is unable to pay its debts it cannot apply for voluntary cancellation of registration. In these circumstances the association should seek immediate independent advice from a solicitor or accountant in relation to its obligations.

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Involuntary cancellation 

An association’s registration may be cancelled by Fair Trading if:

• the association is not in operation, or
• the association has fewer than 5 members, or
• the association has failed to establish and maintain a committee, or
• the committee does not include 3 or more members over the age of 18 years and if it does not have at least 3 members resident in Australia, or
• the association has been providing a financial gain for its members, or
• the association has not held an annual general meeting for 3 years, or
• the association has not lodged an annual summary of financial affairs for 3 years, or
• the association has failed to comply with a direction to change its name, or
• the association was registered because of fraud or mistake.

Where this cancellation action occurs, the property of the association comes under the control of the Director-General. The Director-General will determine what is to be done concerning payment of the association’s surplus and distribution of any property and the winding up of the association’s affairs.

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Reinstating registration 

An association ceases to be an independent legal entity when its registration is cancelled. The Director-General may reinstate an association’s registration if satisfied that the registration should not have been cancelled. If an association’s registration is reinstated then the association is taken to have continued in existence as if it had never been deregistered.

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Transfer of incorporation 

An association may apply for a transfer of registration under a corresponding law. If the association is contemplating transfer of registration then it should contact Registry Services.

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Need more information? 

Contact Registry Services
Tel: 63331400
Freecall: 1800 502 042

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