(1) A company limited by guarantee within the S. 10(1) meaning of the Corporations Act that is taken to amended by Nos 9761 be registered in Victoria or a co-operative, society, s. 3,14/1995 association, institution or body formed, or ss 4, 5, 84/1996 incorporated or registered under the Cooperatives s. 467(Sch. 6 Act 1996 or the Industrial and Provident item 3.1), 57/1997 Societies Act 1958 or any Act relating to the s. 6(4)(a)(b), incorporation, formation or registration of 44/2001 s. 3(Sch. societies, associations, institutions or item 7.1). bodies (whether before or after the commencement of this Act) may apply for incorporation under this Act if— (a) the company, co-operative, society, S. 10(1)(a) amended by association, institution or body has— No. 57/1997 s. 6(4)(a). (i) in the case of a company, passed a special resolution approving the application; or (ii) in any other case, resolved in accordance with its rules that the application be made; S. 10(1)(b) (b) the purposes of the company, co-operative, amended by society, association, institution or body are No. 57/1997 s. 6(4)(a). purposes for which an incorporated association may lawfully be carried on; and S. 10(1)(c) (c) the company, co-operative, society, amended by association, institution or body has rules that No. 57/1997 comply with this Act or, upon incorporation s. 6(4)(a). under this Act, that will so comply, whether by reason of the adoption of new rules or the model rules or the alteration of its articles of association or former rules.
S. 10(1) amended by Nos 9761 s. 3,14/1995 ss 4, 5, 84/1996 s. 467(Sch. 6 item 3.1), 57/1997 s. 6(4)(a)(b), 44/2001 s. 3(Sch. item 7.1). (1) A company limited by guarantee within the meaning of the Corporations Act that is taken to be registered in Victoria or a co-operative, society, association, institution or body formed, or incorporated or registered under the Cooperatives Act 1996 or the Industrial and Provident Societies Act 1958 or any Act relating to the incorporation, formation or registration of societies, associations, institutions or bodies (whether before or after the commencement of this Act) may apply for incorporation under this Act if— S. 10(1)(a) amended by No. 57/1997 s. 6(4)(a). (a) the company, co-operative, society, association, institution or body has— (i) in the case of a company, passed a special resolution approving the application; or (ii) in any other case, resolved in accordance with its rules that the application be made; S. 10(1)(b) amended by No. 57/1997 s. 6(4)(a). (b) the purposes of the company, co-operative, society, association, institution or body are purposes for which an incorporated association may lawfully be carried on; and S. 10(1)(c) amended by No. 57/1997 s. 6(4)(a). (c) the company, co-operative, society, association, institution or body has rules that comply with this Act or, upon incorporation under this Act, that will so comply, whether by reason of the adoption of new rules or the model rules or the alteration of its articles of association or former rules.
81-9713a076.docx