Voluntary deregistration is a way of ending an incorporated association without having to go through the formal winding up process. An association can only apply for deregistration if:
- it has surplus assets of less than $5000
- there are no outstanding debts or liabilities
- all outstanding financial returns have been lodged
- it is not involved in any legal proceedings.
Surplus assets are the assets that remain after all the association’s liabilities have been discharged and the costs of deregistration have been paid.
If your association has surplus assets $5,000 and above - follow instructions to voluntarily wind up.
- Step 1
Pass a special resolution
Before applying, the association must pass a special resolution to:
- determine the manner of distribution of any remaining surplus assets - if the rules of the association don't specify how assets will be distributed on winding up
- authorise a person to apply for deregistration.
A special resolution requires at least 21 days written notice to all members of the proposed resolution and must be passed by at least 75% of members who vote at the meeting.
It’s not lawful to distribute any surplus assets among members, former members or associates of members or former members of an incorporated association. - Step 2
Apply to Consumer and Business Services
The person who has been authorised by the association can apply online to deregister the association. You will need:
- minutes of the meeting showing the special resolutions passed by the association
- a copy of the association’s rules
- details of the value of the surplus assets and how they will be distributed, or have been distributed.
You must also declare:
- the association has no liabilities
- the association is not a party to any legal proceedings
- surplus assets will not be distributed to members, former members or associates of members or former members of the association.
If an association no longer has an active membership, CBS may accept an application signed by at least two people, each of whom are either:
- an officer of the association
- a member of the association
- a person who has a proper interest in the application.
If the rules don't specify how assets are to be distributed, you can request CBS to approve the distribution in line with the objects of the association.
- Step 3
Apply for deregistration
Once an association has applied to deregister, CBS will publish a notice online. Members of the public can make written submissions about the application for one month from the date listed on the website.
After a month, CBS may approve the deregistration and publish a notice in the Government Gazette advising that the association has been deregistered. At that time, the association is no longer in existence legally.
People who were committee members immediately before the deregistration of the association must keep the association’s books for 3 years after deregistration.
Contact CBS Associations and Cooperatives
Email: associations@sa.gov.au
Phone: 131 882, choose option 7
You can also book an appointment with the Associations Team for further assistance.
