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s 25

Amalgamation of associations

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25 Amalgamation of associations

Two or more incorporated associations may, by special resolution of both or all of those associations, amalgamate and become one association with or without a dissolution or division of the funds of those associations or any of them.

Where 2 or more incorporated associations pass special resolutions for the amalgamation of those associations, the public officer of each association shall lodge with the Commissioner notice in the prescribed form of the passing of the resolution, and of the name of the association to be created by the amalgamation.

A notice under subsection (2), when lodged with the Commissioner, shall be accompanied by such documents (if any) as may be prescribed, and those documents shall be verified as prescribed.

Upon receipt of a notice under subsection (2), the Commissioner, if satisfied that the association to be created by the amalgamation could be incorporated under the name set out in the notice without contravention of section 9, may issue a certificate of incorporation of that association and if he issues such a certificate shall, by notice in the Gazette, give notice of the incorporation of the association.

Upon the issue of a certificate of incorporation pursuant to subsection (4), all the property of the amalgamated associations vests in the association created by the amalgamation, and the provisions of section 13, with the necessary adaptions, apply to and in relation to that property accordingly.

The amalgamation of 2 or more incorporated associations does not prejudice any right of a creditor of, or any person having a claim against, any of the amalgamated associations, and any such right or claim may be enforced against the association created by the amalgamation.

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