To apply for incorporation, a person authorised by the association must fill in the form called 'Incorporation of an Association Application'. This form must be sent to the Corporate Affairs Commission, which is part of Consumer and Business Services, along with:
- the form called 'Statutory Declaration to Accompany Application for Incorporation' that verifies that the applicant is authorised by the association to apply for incorporation, that the details in the application form are correct and that the copy of the rules is a true copy (this form must be declared by the applicant before a justice of the peace or a solicitor and be attached to the copy of the rules)
- the form called 'Checklist for Proposed Rules of an Association'
- a copy of the rules (constitution) of the association
- copies of any trust instruments of the association (the application form indicates what sort of trust instruments must be copied and sent in);
- the application fee (see Associations Incorporation Regulations 2008 (SA), item 6 of Schedule 2) .
The forms and fees which apply are contained in the schedules the Associations Incorporation Regulations 2008 (SA) and can be obtained online or posted to you from the Consumer and Business Services.
You can also buy the Associations Incorporation Act 1985 (SA) and the regulations from sa.gov.au.
See also the Consumer and Business Services publication 'How to incorporate'.
The Corporate Affairs Commission can refuse to incorporate an association if it believes that the association's activities could be carried on better by a body incorporated under another Act. With the consent of the Minister, it can also refuse to incorporate an association if it believes it is in the public interest to do so.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
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