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reg 61

Application to submit proposed amalgamation to a ballot

In force

61 Application to submit proposed amalgamation to a ballot

(1)

An application may be made to the commission for an amalgamation ballot.

(2)

The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation.

(3)

The application must—

(a)

be accompanied by—

(i)

a copy of the scheme for the proposed amalgamation; and

(ii)

a written scheme outline; and

(b)

nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and

(c)

be signed by the president or secretary of each joint applicant; and

(d)

be accompanied by a copy of each resolution for the proposed amalgamation under section 56, signed by the president or secretary of the existing organisation whose management committee passed it; and

(e)

be accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5)(b) has been complied with.

(4)

Service of a document on the applicant nominated under subsection (3)(b) is taken to be service on each of the applicants.

(5)

An application may be made only if each existing organisation’s management committee has—

(a)

resolved to make the application; and

(b)

notified each member of the making of the resolution by—

(i)

giving the member a copy of the resolution; or

(ii)

including the resolution in a publication the organisation gives its members free of charge.

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