Cancelling an incorporated association can be requested through a Special Resolution. The Commissioner for Corporate Affairs must approve the resolution. Cancellation is only available in the following circumstances:
- an annual general meeting or special general meeting passes the resolution
- the association is not carrying on operations
- the association's assets are worth less than $1000
- the association has paid all fees and lodged all required documents with CBOS up until the cancellation date.
Once the association has passed the motion for deregistration, lodge the following documents:
- Notice of Special Resolution for Deregistration of an Association
- The Notice of Special Resolution must indicate where the association's remaining assets have been distributed
- Under no circumstances can an incorporated association's assets, property or cash reserves be distributed to current or former members
- Final Annual Return covering the period up to the cancellation date (there is no fee if less than 12 months)
Cancellation of an Incorporated Association - Associations Incorporation Act 1964 (section 34)
The Commissioner for Corporate Affairs may cancel an association if they believe:
- an association has ceased to exist, or
- the association is not complying with provisions of the legislation.
- CBOS sends the association a reminder notice outlining the reason for pending cancellation.
Example: the association has not provided the annual return within the required time.
- If CBOS does not receive a response, we send the Public Officer a Notice to Show Cause. We advise CBOS will publish the association’s name in the Tasmanian Government Gazette, stating the association will be deregistered unless a reason is given. Deregistration takes affect three months after the association's name is published.
- When an association is deregistered CBOS publishes a notice of deregistration in the Tasmanian Government Gazette.