Closing down your incorporated association
Choosing to close
You must call a general meeting to close down an incorporated association. You can only do this as long as your association is still solvent.
At this meeting, you must pass 2 separate special resolutions. These will be to:
- close down
- decide how to distribute any remaining surplus assets.
When distributing your surplus assets, you must:
- pay out your liabilities first
- get receipts from any organisation that receives your assets
- obey your association’s rules.
The association then has 1 month to:
- fill out and lodge the closure form
- give us a copy of the special resolution to close, signed by 2 office bearers
- give us copies of the receipts for your surplus assets
- return your certificate of incorporation to us – this must be the original
- send us your final financial statement.
Being closed by us
We can cancel the incorporation of your association if it:
- is doing things outside of its objects (as described in its rules)
- has less than 7 members
- is doing things that would have meant it wouldn’t have been allowed to incorporate in the first place
- fails to lodge financial documents
- has ceased to exist
- is in the public interest to do so.
If your association can’t pay its debts, a creditor may apply to the Supreme Court to close it down. If the Court orders that your association close down, you will usually need to appoint a liquidator and cover the liquidator’s costs.