(6) While a person is acting as the Registrar or as the Assistant Registrar in accordance with this section, he shall perform all the functions and may exercise all the powers of the Registrar or of the Assistant Registrar, as the case requires. (6) Nothing contained in this section shall be deemed to prevent an association making, in accordance with its objects or rules, gifts which do not constitute the whole or the greater part of the property of the association. The Registrar may, upon application by the secretary of an association, exempt the association from the requirement to have its accounts audited if satisfied that the association has an annual income of less than $10,000 or a membership of fewer than 100 persons and that at a general meeting or at the annual general meeting before the application is made, the members present passed a resolution requesting that the association’s accounts not be required to be audited. Property of dissolved incorporated association will vest in Registrar, 32. (2) The Registrar may execute or sign any relevant instrument or document adding a memorandum stating that he has done so in pursuance of this section, and such execution or signature has the same force, validity and effect as if the incorporated association, if it still existed, had duly executed such instrument or document. The person on whose application the order was made shall, within 7 days after the making of the order or such further time as the Court allows, lodge with the Registrar an office copy of the order. If the committee of an association fails to comply with subsection 16(1), each member of the committee is guilty of an offence. (3) The Assistant Registrar may, subject to the directions of the Registrar, perform a function and exercise a power of the Registrar. endstream endobj 795 0 obj <>/Metadata 42 0 R/Outlines 103 0 R/PageLayout/OneColumn/Pages 790 0 R/StructTreeRoot 194 0 R/Type/Catalog>> endobj 796 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 797 0 obj <>stream (b) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors or compounds with his creditors; (d) resigns his office by writing under his hand addressed to the committee of the association; or. Investigation of association's affairs, 42. (3) For the purposes of an investigation under subsection (2), the Registrar may, by notice in writing given to a person whom the Registrar believes to have some knowledge of the affairs of the association, require that person to attend before him at the time and place specified in the notice and there to answer questions relating to the affairs of the association. The provisions of this section do not deprive a person of another right or remedy to which he is entitled against another person. An alteration of the objects, purposes or rules of an incorporated association, or of any trusts relating to an incorporated association, or the issue of a certificate of incorporation under section 21 to an incorporated association in a new name, does not affect any right, liability or obligation of the association or of any person, or any legal proceedings, existing or pending immediately before the alteration took effect or the certificate was issued, as the case may be. (2) Within 14 days of the passing of a resolution mentioned in subsection (1), the incorporated association shall file a copy thereof with the Registrar and shall give notice in the Gazette of its intention so to transfer all its property. Upon the incorporation of an association under this Act, any personal property (other than personal property consisting of an estate or interest in land) held by a person, in trust or otherwise, for or on behalf of the association shall, subject to any trust, covenant, contract or liability affecting the property, be vested in the association. An incorporated association shall cause every notice, advertisement, bill of exchange, promissory note, endorsement, order, way-bill, invoice, receipt or other document given, published, drawn, endorsed or issued by it to contain the name of the association in legible characters. 29. NORFOLK ISLAND, Compilation date: 13 August 2019, Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. (3) If the name of an incorporated association is (whether through inadvertence or otherwise or whether originally or by change of name) an unauthorised name, the Registrar may, by notice in writing, direct the association to change its name to a name that is not an unauthorised name.