An Act regulating the establishment of certain companies, regulating the affairs of established companies and for related purposes. 34;legal practitioner" means a duly qualified solicitor or solicitor of the Supreme Court of that State; 34;public trustee" means a public trustee of Queensland within the meaning of the Public Trustees Act 1978;.
34 "Under Secretary" means the Under Secretary of the Department of Justice and includes a person who, at the material time, is performing the duties of Under Secretary. acts and things that may be necessary to ensure the establishment of the association. The request for the establishment of an association shall be made to the undersecretary in the prescribed form and must: a) indicate the name of the association and the name by which :iJt is proposed to be incorporated;
If an application is rejected according to § 9, the rejection is notified in writing to the applicant association at the address stated in the application. The Under-Secretary may direct such notice of the amendment to be published in such manner as he thinks fit. If such notice is received by the Under-Secretary, he shall not issue a certificate of incorporation to the amalgamated society without the sanction of the Court.
1861-1980, the Land Act 1962-1978 or any other Act under which a registration is required to be made or an indorsement or memorial to be made or entered as referred to in sub-section (2), as the case may be. A secretary, board member or member of a registered association as such is not personally liable, except as provided in the rules of the registered association, to contribute to the payment of the debts and liabilities of the registered association or the costs, charges and expenses of the winding up of the registered association in excess of the property of the registered association in its hands.
PART IV-RULES
Provided that upon the incorporation of the incorporated association those persons who are members of the committee of the association at the time when the application for incorporation is submitted to the Under-Secretary and whose names are specified in that application shall be members of the Management Committee. of the incorporated association. Meetings of the Management Committee shall be held as often as may be necessary for the proper conduct of the business and operations of the incorporated association, but shall be held at least once every two calendar months and a quorum for a meeting shall be determined. from the rules. The Secretary shall, within fourteen days after a change in the membership of the Management Committee, notify the Under-Secretary in writing of the name, address and occupation of any person who has become a member of the Management Committee or who has ceased to be a member of the Management Committee as the case may be.
(6) (a) The Secretary of an incorporated association shall, within one month after the approval of the audited statement by the annual general meeting as required in paragraph (1), or, if the Under-Secretary (who is hereby authorized) permits a longer period, within the period permitted by the Secretary of State, you must file with the Secretary of State a copy of that statement, certified as accurate by the person who has audited the financial affairs of the incorporated association. For the purposes of the preceding paragraph, the Secretary of State may, where he deems it appropriate, exempt a company with legal personality from submitting the declaration. A copy of the special resolution will be submitted to the Secretary of State within fourteen days of the adoption of that special resolution.
Winding up on commencement of Part VI of the Companies (Consequential Amendments) Act 1981. The provisions of the Companies Code (Queensland) relating to winding up do not apply to any incorporated company whose winding up commenced before the commencement of Part VI of Companies (Consequential Amendments) Act 1981 and any such incorporated company shall be wound up in the same manner and with the same incidents as if that Act had not been passed and for the purposes of winding up, the provisions of this Act as in force immediately before beginning of that part shall apply. In this section, "surplus assets" means, in relation to an incorporated association, the assets after the payment of debts and liabilities remaining on the winding up of the incorporated association and the costs, fees and expenses of the winding up.
In all cases where the Under-Secretary has reasonable grounds to believe that for one or more of the following reasons-. a) an established association carries out or intends to carry out any business which is outside the purpose of the established association.
PART VIII-MISCELLANEOUS
Where an act or thing is required under this Act to be done or done within a specified time, the Under-Secretary may, if he thinks fit, if special circumstances exist in his opinion, extend the time for doing or doing it. an act or thing. Provided that in the event of a complaint against a person for retention or misappropriation of property or its use for unauthorized purposes, it may not be proved that he acted with any fraudulent intent, he may be ordered to surrender such property or refund the money misapplied , but not subject to conviction, and a copy of any such order certified by a judicial officer may be filed in the Magistrate's Court nearest to the place where such order was rendered, and such order shall then be deemed to be a judgment of said Magistrate's Court within the meaning of the Magistrates' Courts Act 1921-1976 and is enforceable accordingly. Any person who is elected or appointed as treasurer, secretary, board member or other officer who receives or collects money of the registered association, or who acts in the capacity of or is employed as such treasurer, secretary, board member or officer shall be deemed for an officer or employee of such registered association within the meaning of the Penal Code.
A person who knowingly makes an entry, deletion or omission in any account book, balance sheet or any return or document required to be made, kept, transmitted, produced or delivered for the purposes of this Act, with intent to falsify it or to defeat this Act eluding is guilty of a misdemeanor and is subject to a fine of up to $1,000. In any proceedings under this Act against a body corporate, an officer thereof or any other person, the responsibility shall be to prove that any declaration, report, notice or document required to be sent or given to the Secretary of State has been so sent or given, or that any declaration, report, notice or document made or made as required by this Act shall lie with such corporation, officer or other person. In any such proceeding, any return, report, notice or other document purporting to be duly signed and forwarded to the Secretary of State by the Secretary of an incorporated company, and otherwise; in accordance with this law, may be received as evidence of the matters mentioned therein.
In the case of evidence required on behalf of the Secretary of State and not previously provided for, the Secretary of State may take it by affidavit, and the evidence contained in such affidavit shall be received in evidence in all courts. Except as otherwise provided in this Act, a document may be served on an incorporated company by leaving it with or properly addressing it, paying in advance and posting a letter of notice to the Secretary at the address specified specified in Article 39. In any legal proceedings, a copy of the rules of an incorporated association or other document filed with him, certified by the Secretary of State as a true copy thereof, shall be evidence that such rules are rules of the incorporated association in force on the date stated in the certificate or the contents of such document.
In this section "disposition" means any disposition by will, written instrument or otherwise which takes effect after the commencement of this Act. Notwithstanding the provisions of section 4, the Minister may, at his discretion, revoke and cancel any Letters Patent issued pursuant to the repealed Acts and may order the association to apply for incorporation under this Act instead. The Governor in Council may make regulations, not inconsistent with this Act, for or in respect of-. (a) the keeping of a register under and for the purposes of this Act, the circumstances and manner in which and the person by whom such register is to be kept, and the transfer or retention of a register kept under this Act or under the repealed laws;.
68 29 (b) records to be kept for the purposes of this Act, the manner in which such records are kept, and the transfer of custody of records kept under this Act or under the repealed Acts;.
INDEX
ASSOCIATIONS INCORPORATION ACT 1981
