An association may apply for a transfer of registration to:
- a company
- a co-operative, or
- a corporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 CATSI Act.
the transfer of registration does not:
- create a new legal entity, or
- affect the organisation’s existing property, rights or legal proceedings or obligations.
An association intending to transfer its registration should ensure it can comply with the requirements of the law under which it intends to transfer.
Why transfer incorporation?
An incorporated association may transfer its registration for a number of reasons, such as:
- its size or activities mean its continued registration as an incorporated association is inappropriate
- there are similar bodies registered under another corporate structure
- it is a requirement of the organisation’s funding conditions.
An association wishing to transfer its registration must follow these steps:
1. Pass a special resolution
Pass a special resolution to:
- approve the proposed transfer
- approve the proposed name under which the association is to apply to be registered, and
- approve the constitution or rules.
The association may need to pass additional resolutions or comply with other requirements under the legislation governing the corporate structure to which it intends to transfer. You should contact the regulatory authority administering the law under which the association is to become registered to determine the requirements.
2. Apply for a transfer of registration declaration
Apply to NSW Fair Trading for a transfer of registration declaration by submitting an Application for approval to transfer registration (form A10), together with the set fee.
3. Apply for registration as a company, co-operative or a corporation
Apply for registration as a company, co-operative or a corporation under the CATSI Act with the appropriate regulatory authority.
After registration, send the following documents to Fair Trading:
- a copy of the certificate of incorporation of the company, co-operative or corporation, and
- the association’s original certificate of incorporation.
4. Record the change of registration
Record the change of registration and new name of the organisation:
- on the organisation’s bank accounts, documents, books and records
- with relevant Government departments including for taxation and other records (e.g. land titles and car registrations), and
- on signage, letterhead and website.