The rules/constitution of many incorporated associations set out the procedures and requirements for making changes. When the rules/constitution do not contain the procedures and requirements, the Act enables any incorporated association to change its rules by a special resolution.
A special resolution means a resolution passed at a duly convened meeting of the members of the association where:
- at least 21 days written notice specifying the intention to propose the resolution has been given to all members of the association; and
- it is passed at the meeting by a majority of not less than three-quarters of such members of the association as, being entitled to do so, vote in person or, where proxies are allowed, by proxy, at the meeting.
Where the rules of an association do not provide for it to have members there are different requirements for a special resolution. They are set out in Section 3 of the Act.
Although changes to the rules/constitution of an association are effective immediately the resolution has been accepted and passed at a duly convened meeting of members, an application for registration of alterations to rules needs to be lodged with this office within one month of the resolution of the association.
Where a change to the rules consists of or includes a change of the association's name, the new name is subject to approval. Upon approval, a Certificate of Incorporation showing the new name will be sent to the association. Where the change does not involve a change of name, no acknowledgment is necessary nor will one be sent.
An Application for registration of alteration to rules must be made on the appropriate forms (Forms 6 and 7) and be accompanied by the appropriate fee (late fees apply if the forms are not lodged within one month of the resolution of the association).
Both forms must be properly completed and need to be signed by the Public Officer. A copy of the alterations made to the rules or the new set of rules as the case may be, (typed on single sheets of A4 white paper) must also accompany the forms. The Justice of the Peace taking the statutory declaration from the Public Officer (Form 7) must endorse the copy of the alteration to the rules (or, where applicable, the copy of the new set of rules) in the manner shown at the bottom on that form.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
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