Hi Chris,

On Mon, September 2, 2013 2:42 pm, Chris Samuel wrote:
>
> I note that if we do vote to wind up LUV then "the property of the
> association vests in the Registrar" (according to the current 2012 act)
> and it looks like they appoint who disposes of them.

That's not the case, refer to s.132 of the Act. In the even of winding
surplus assets are distributed according to the rules or a special
resolution.

You're referring to s.140.2 which is *after* cancellation. Cancellation
happens *after* winding up, or by court order (i.e., the association has
been very naughty indeed).

An organisation which winds up distributes its surplus assets according to
section 132 and then has its incorporation cancelled. If there's any
assets after that (e.g., somebody discovers a suitcase of gold that
belonged to the former organisation that wasn't distributed) that goes to
the Registrar, according to s.140

All the best,

-- 
Lev Lafayette, BA (Hons), GCertPM, MBA
mobile:  0432 255 208
RFC 1855 Netiquette Guidelines
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