On 03/09/13 19:28, Rick Moen wrote: > Unincorporated associations can own property.
There are a number of HPC centres and eResearch organisations around Australia that are UJVs (Unincorporated Joint Ventures) and as a result of them not being able to own property all "their" assets are actually owned by one (or more) of the members on their behalf. I can think of ones in VIC, ACT, NSW and SA and they are all in the same boat. Consumer Affairs Victoria says (regarding the initial 1981 act): http://www.consumer.vic.gov.au/library/publications/resources-and-education/research/review-of-the-associations-incorporation-act-1981-2004.pdf # The introduction of the Act addressed many of the difficulties faced # by unincorporated associations by providing a relatively simple # mechanism of incorporation which conferred the benefits of limited # liability of members, perpetual succession, ability to enter into # contracts, and power to acquire, hold and dispose of property. The SA govt says: http://www.lawhandbook.sa.gov.au/ch08s02.php # As an unincorporated association has no legal identity, it # cannot hold assets in its own name. It must appoint individuals # as trustees, who own the assets but hold them for the benefit of # the association. The trustees are bound by the Trustee Act 1936 (SA). NSW says similar (though not explicitly mentioning assets): http://www.legalanswers.sl.nsw.gov.au/guides/law_handbook/pdf/Ch9_community_organisations.pdf # Unless a community organisation takes the step of incorporating, # it is simply a group of people doing something together, with no # legal identity apart from that of its individual members. WA says: http://www.commerce.wa.gov.au/associationsguide/Content/01_Introduction/1.0_Introduction.htm # There are several significant advantages. One advantage is that # the individual members limit their exposure to personal legal # liability. Bank accounts can be opened in the name of the # association, it can apply for government grants and it can hold # property. cheers, Chris -- Chris Samuel : http://www.csamuel.org/ : Melbourne, VIC _______________________________________________ luv-main mailing list [email protected] http://lists.luv.asn.au/listinfo/luv-main
