Associations Incorporated Act 1890 (SA)

ANNO QUINQUAGESIMO TERTIO ET QUINQUA-

GESIMO QUARTO

A.D. 1890.

No. 480.

An Act to repeal " The Associations Incorporation Act,

1858," and "The Associations Incorporation Amend-

ment Act, 1887," and to make other provisions in lieu

thereof."

[Assented to, October zgth, 1890.1

E it Enacted by the Governor-in-Chief of the Province of South Council and the House of Assembly of the said province, in this	B Australia, with the advice and consent of the Legislative
present Parliament assembled, as follows:

The word "Association" shall include churches, chapels, and all religious bodies; schools, hospitals, and all benevolent and charitable institutions; mechanics' institutes, and associations for the purpose of promoting and encouraging literature, science, and art, and all other institutions and associations formed, or to be formed, for promoting the like objects, other than associations for the purpose of trading or securing pecuniary profit to the members from the transactions there- of, and other than such associations as are within the provi- sions of any Act to provide for the registration of joint stock companies, or to limit the liability of members thereof: The

1. This Act may be cited for all purposes as the K Associations short title.

Incorporation Act, 1890."

2, In the interpretation of this Act, the following words shall Interpretation.

have the following meanings-

53' & 54' VICTORIX, No. 480.

Associations Incorporation Act.- 1890.

The words "Public notice " shall mean notice by advertisement published in the Goverrment Gcczette, and in one newspaper published in the place nearest to where the association is situated or established,

Repeal. 3,

The Associations Incorporation Act, 1858," and " The Associations Incorporation Amendment Act, 1887," are hereby repealed, but so that this repeal shall not prejudice the validity of anything already done the validity whereof depends on the said Acts, or either of them; and cvery association incorporated under the said Acts, or either of them, shall be deemed to be an association duly incorporated under this Act, and all steps and proceedings heretofore taken or commenced for thc doing of anything authorised

by this Act may be continued and completed under this Act, and

shall be as valid as if taken or commenced after the passing hereof.

Hode of incorpora-

tion. 4. Any association may be incorporated under this Act as

follows :- r n

(a) Any trustee of such association may give notice,

in the form or to the effect set forth iu Schedule A of this Act, of his desire to incorporate the association of which he is trustee, and in every such notice a copy of the memorial next hereinafter mentioned shall be set forth:

(6) At any time after the expiration of three calendar months from the date of the' last notice, it shall be lawful for the trustee (unless restrained as in section 5 mentioned) to file a memorial in the Supreme Court, in the form or to the effect of the memorial prescribed in Schedule B to this Act, and containing the particulars thcrein required to be set forth, together with an affidavit by such trustee, verifying the contents of such memorial:

(c) The Master of the Supreme Court shall thereupon grant to the trustee filing and verifying such memorial a certifi-

cate of incorporation, in the form specified in the Schedule

marked C to this Act, which certificate shall, within four- teen days from t h date thereof, be deposited in the General Registry Office of the said province; and the same, if so deposited, or any copy thereof, certified by the Registrar or any Deputy Xegistrau of the mid province, shall be received in.evidence, without further proof, in any Court of Law or Equity, that such association has been duly in- corporated under this Act.

Incorpomtion may be 5. Any trustee, or any person interested in the association sought

reatramd.	to be incoiporated, before the expiration of threc calendar months from the date of the last published notice, may apply to the Supreme Court for an injunction to restrain the trustee giving such notice from all further proceedings; and the said Court shall have
full power and authority to determine the matters in question, not-
withstanding all the parties interested shall not be parties to the suit.

6. Every

53" & 54" VICTORIW, No. 480. 3

Associations Incorporation Act.-1890.

Memorial of the name

6. Every association shall, so soon as conveniently may be ofLhs ho-

after such incorporation, file in the Supreme Court a memorial riaed to uae the teal

in the form or to the effect set forth in Schedule D to this bealedinthe suprems of the association, to

Act, containing the name or names, together with the place or c o d.

places of abode, of the person or persons authorised to use the

common seal of the corporation, with an impression of such seal, and

upon every change of such person or persons, a fresh memorial to the

like effect as last aforesaid shall be filed in the Court; and all such

persons or such one or more of them as shall bc fixed by the rules of

the association shall in all cnscs countersign any deed, instrument,

or document, to which the seal of the corporation shull be fixed, in

order to give validity thsreto, and shall also sign the memorial

required by this clause to be filed, together with an afidavit that he

is the person duly authorised by the association to use the sed of the

corporation; and at the time of filing soch memorial, a copy on

parchment of the rules and regulations of' the association, or the

trusts relating thereto, shall also be filed in the Supreme Court; and

if such rules, regulations, or trusts, shall be embodied in a deed, then

a copy of such deed shall be filed, and a like copy shall from time to

time be filed in the said Court of all additional rules, regulations, and trusts, and of any ulteration therein which may from time to time be made; and all such rules, regulations, and trusts, and addi- tions and alterations thereto or therein, shall be verified by the affidavit of the person or persons authorised for the timc being to use the comaon seal of thc association. And in case any such incor- porated association shall neglect to file such memorial as last afore- said, or such copy of the rules, regulations, and trusts, or of the additions or alterations thereto or therein from time L..# to fime V LA- then the powers of the association shall be suspended durmgflsuc% periodc.u.1, /+ J-,	.	W-
* the association shall so neglect as aforesaid. Nevertheless, every such association shall be liable to be sued and proceeded against as a corporation; and all dealings and transactions between the asso- ciation and any person whom soevm. shall be valid, no twitl~standing
such suspension against the association, a rd a11 persons claiming	under such association; and the production of the memorial for the	time being filed in the said Court under the provisions of this
clause, or an office copy thereof, shall bc conclusive evidencc in any Court of Law or Equity, and in all proceedings and transactions whatsoever, that the person named in such memorial was at the time of his using the common seal of the Corporation duly autho- rised so to do.

7. Upon such certificate of incorporation as aforesaid being when certificate ae-

deposited in the Registry Office in manner hereinbeforc provided, the t, h, incoqorated.

posited,the aseociatioa

association shall, as from the date of such certificate, be incorporated

for the purposes following, that is to say-

I. For the purpose of using the name of the association, adding

thereto the word incorporated:

11. For the purpose of having and using a common seal (with

power to break, gter, and change the same from time to

t h e ), but on d c h must be inscribed the name of the

association: 111. For

53" & 54O VICTORIJE, No. 480.

Associations Incorporation Act.-1890.

1x1. For the purpose of suing and being sued by the name of the corporation in respect of any claim by or upon the association, upon or by any person, whether interested in the association or not:

IV. To purchase and hold lands, tenements, and hereditaments, in the name of the association, and for the purposes thereof, and to let, sell, mortgage, or dispose of the same, and execute conveyances, mortgages, and assurances thereof,

and otherwise deal with the same as fully and effectually

as an individual owner could do.

Power of association

to change name. 8. Any association, with the sanction required by its constitution

to an alteration of the rules thereof, may change its name, 'nd upon

such change being made the master &11 no& the new name and shall issue a certificate of incorpomtion altered to meet the circum- stances of the case; but no such alteration of name shall affect any rights or obligations of the association or render defective any legal proceedings instituted or to be instituted by or against the institu- tion; and any legal proceedings may be continued or commenced against the association by its fo8rnier name: Provided that public notice of any alteration so made shall be given forthwith aftcr the making thereof, and the written certificate of two of the trustees of the association will be conclusive evidence that the sanction required to such alteration by the constitution of the association has been duly given.

Liabilityof individual 9. Nothing in this Act contained shall extend to restrict the

to be

restricted. liability of individual members of any incorporated association under any judgment, decrce, or order for the payment of money which shall have been obtained against such assor.iation in any action or suit prosecuted by or against such association in any Court of Law or Equity.

Persons interested in 10. The proprietors or other persons having the management of,

any association may, or being interested in, any association intended to be brought under

with consent of general

meeting, alter rules 80

as to bring the asso-	the operation of this Act, may do all such acts as may be necessary
oiation under the ope-	for bringing such association under the operation of this Act; and
ration of this Act.	for that purpose it shall bc lawful for such proprietors or other person as aforesaid, to alter, vary, or add to the rules and regula- tions of the association, so as to enable the same to comply with the provisions of this Act, an) thing in such rules and regul~titions con- tained to the contrary notwithstanding; and in all cases in which
any such alteration, variation, or addition shall be necessary, the
same may be made with the consent of the majority present at a general meeting of the proprietors or other persons having the management of ox being interested in such association.

Pemnal property to 11, All personal property held by any trustee or trustees of an

vest in corporation

aner ruing of memo- association shall, after the filing of such memorial as is provided in

ria2. Schedule D to this Act, vest in the corporation; and all real estate

vested in any such trustee or trustees, and described in the memorial

next

53" & 54" VICTORIW, No. 480.

Associations litcorporation Act.-1890.

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next hereinafter mentioned shall, after the certificate of incorpora- 2:; :y$O$$id

tion shall be deposited in the Registry Office, and a memorial, in in Registry office.

the form prescribed in Schedule E to this Act, verified by the signa- ture of one or more of the trustees to a declaration at foot thereof of the truth of its contents, shall have been filed in the said Registry Office, vest in the corporation without any conveyance thereof; and thc filing of such memorial shall be taken to be, to all intents and purposes, a registration of the conveyance of the real estate therein described from the trustees or trustee of the association to the cor- poration, within thc meaning of the Act of the Legislative Council of South Australia, No. 8, of the fifth year of the reign of Her Majesty Queen Victoria.

12. In all cases wherein it may be necessary for any person to serve process Service on of the notice aasocia- and

or to give any summons, demand, or notice, or any writ or other tion.

proceeding at law or in equity, or otherwise, upon any association

incorporated under this Act, service thereof upon thc person or

persons named in the before-mentioned memorial as the person or

persons authorized to use the common seal of the association, by*

leaving the same at the usual place of abode of such person or

persons, shall be deemed good and s~ifficient service of the same

respectively on the said association.

13. I n all cases wherein it may be necessary for any association Notices~&c-~ by asso-

ciations, how t o be

incorporated under this Act to serve or give any summons, demand, or notice of any kind whatsoever, to any person or corporation, such summons, demand, or notice may be given in writing, signed by the person, or some one of the persons (if more than one) authorized to use the seal of the association, or by the attorney or solicitor for the time being of the association, without being required to be under the common seal of the association.

Act may be made before any Justice of the Peace for the province. 14. All affidavits and declarations required to be made by this tiz:

in respect of tlle several matters and things therein mentioned. 15. The fees specified in Schedule F to this Act shall be payable Feea. In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

SCHEDULES

No.

Associations Incorporcatim Act.-1890.

SCHEDULES REFERRED TO.

1, of , sole trustee, or one of the trustees fas the case may be)

of (hers set out name or style o f institution), do hereby give notice that I am desirous

that such (institution, church, or otherwise, as the case may require) should be in-

corporated under the provisions of the Associations Incorporation Act, 1890.

(Signature of Trustee.)

The following is a copy of the memorial intended to be filed in the Supreme Court

under the prorivions of the said Aot.	(Here set out U copy o f nzelnorial as in
Schedule B.)

Memorial of (here itisert the nawe or style o f the i n s t d d o ? t intencled fo be incor-

poralerl), filed in pursuance of the Associations Incorporation Act, 1890.

1. Name of the institution.

2. Object or purpose of the institution.

3. Where situated or established.

4. The name or names of the trustcc or trustees.

5. In whom the management of 'the institution is vested, and by what means-

whether by deed of settlement or otherwise.

C

1, , Master of the Supreme Court of South Australia, do hereby certify that

(here insert the name or style o f the itutitutiun) is registered under the provisions of

the Associations Incorporation Act, 1890, the memorid required by law having been

duly filed.

Dated the day of , 18 .

(Signature of the Master.)

Memorial of the name and residence of the person authorised to uce the common seal of (here ittse9.t the name or style of the institution) incorporated under the pro- visions of the Associations Incorporation Act, 1890.

-- --.-

Natuo of Person. Place of Abode. Occupation or Quality. Impression of Seal.

.------P--- -p--

(Signature of the person authorised to use seal.)

53" & 54" VICTORIJE, No. 480.

Associations Incorporation Act.-1890.

Memorial of the real estate vested in the trustees of

required to be registered under the provisions of the Associations Incorporation Act,

1890.

Name or Namea of Trustees. Name or Desi ation of Incor- Description of Property and

pornted nstitution. Y nature of Tenan~y.

the above memorial contains a true statement of the names of the trustees [or name I LOP we] do hereby declare that, to the best of my [or our] knowledge and belief,

of the trustee] in whom the real estate of the said institution was vested, and also a

true description of all such real estate.

The following fees shall be payable in respect of the several matters and things herein mentioned :-

& S. d.

For overy search at the Supreme Court for documents filed .......... 0 2 6

For filing any document ................... .... ............. 0 2 6

For a certificate of registration .................................. 2 0 0

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Adelaide : By authority, C. E. BRIBTOW, Government Printer, North*terr~e.