Sometimes it's no longer appropriate for an association to be incorporated. This includes where:
- an association is no longer eligible to be incorporated
- the operations would be more appropriately carried out by a body corporate.
In these circumstances, the association can apply to transfer its activities to a different body corporate.
- Step 1
Transfer activities to a body corporate - part 1
The association will need to outline the reasons for the transfer in its application.
Fee: $83.50
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What happens next
CBS recommends that a special resolution is held to transfer the activities to a body corporate before part 2 is lodged.
A special resolution requires:
- all members to have at least 21 days written notice of the meeting to vote on the special resolution to transfer
- at the meeting, at least 75% of voting members must vote in favour of the resolution for it to pass.
- Step 2
Transfer activities to a body corporate - part 2
When lodging part 2, the association must include:
- a signed copy of the meeting minutes at which the special resolution was passed
- the constitution of the new body corporate
- the new company certificate, which displays the ACN
- the date you wish the transfer to take place.
Fee: $46.25
What happens next
After assessing a successful application, CBS will publish a notice in the Government Gazette, ordering that the activities of the association be transferred accordingly.
On the date of the order:
- the association will be dissolved
- the property of the association becomes the property of the body corporate
- the association’s rights and liabilities will transfer to the body corporate.
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.
