By the way, That should really be moved to luv-talk... and I plead guilty to not doing that earlier.
Cheers, Daniel On Wed, 2013-09-04 at 13:58 +1000, Chris Samuel wrote: > 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 _______________________________________________ luv-main mailing list [email protected] http://lists.luv.asn.au/listinfo/luv-main
