An incorporated association may be wound up voluntarily by its members, provided it is solvent. A special resolution at a general meeting must be passed to wind it up. At that meeting, they must also pass a special resolution specifying who to distribute any surplus assets to, after paying all liabilities, in accordance with the rules.
Within one month of passing the special resolution the secretary must:
- complete and lodge Associations Incorporation Form 9a - Application for voluntary winding up of an incorporated association (PDF, 275 KB)
- provide a copy of the incorporated association´s final financial statement
- provide a copy of the special resolution to wind up the incorporated association signed by two office bearers
- provide receipts from any organisations receiving the surplus assets
- send us your incorporated association´s original certificate of incorporation.
Where the incorporated association is insolvent and cannot pay debts, the Supreme Court may order it to be wound up if a creditor submits an application to the Court.In normal circumstances, members need to appoint a liquidator to wind up the association in the manner prescribed under the Corporations Act 2001. The association is responsible for all costs incurred if it appoints a liquidator.
However, members may choose to provide documents to the Chief Executive evidencing the association has ceased to exist. In these circumstances, the Chief Executive may take action to cancel the registration.
Last reviewed 01/07/2011