An association may apply to or be directed by the Director-General to voluntarily cancel its incorporation.
The procedures to voluntarily cancel incorporation are set out below.
An association that is unable to pay its debts cannot voluntarily cancel their registration. Associations in this position should seek immediate independent advice from a solicitor or accountant in relation to their obligations.
An association must pass a special resolution that:
An Application for voluntary cancellation of registration of an association (Form A8) must be completed and lodged with NSW Fair Trading. The application must include:
There is no fee payable when seeking to voluntarily cancel incorporation.
The association will need to ensure that all required annual summaries of financial affairs are lodged before the application can proceed.
If it is not possible to provide full or partial annual summaries of financial affairs, a statutory declaration, verified by two committee members and witnessed by a Justice of the Peace, is needed outlining the reasons for being unable to provide the information.
If the last annual summary of financial affairs lodged showed any assets or liabilities, a statement of income and expenditure from that financial year to the closure of the accounts will be required.
The association distributes its assets in accordance with the passed special resolution, once approved by the Director-General.
Except in limited circumstances, the Act prohibits the distribution of assets to any member or former member.
If a government department or public authority has provided assets, such as grant funding, the association must return the remaining portion to that agency or a body nominated by the agency.
Once the association meets all its requirements, the Director-General may cancel the association's incorporation and publish a notice of that fact in the NSW Gazette.
The lodging party will receive notification confirming the cancellation.
The Act and the Associations Incorporation Regulation 2010 do not set out a period during which an association must keep its records after cancellation.
Fair Trading recommends that an association keep all books and registers for a minimum period of seven years, including the:
Contact Registry Services
Tel: 6333 1400
FreeCall: 1800 502 042
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