Applying for voluntary cancellation

An incorporated association may apply, or be directed by NSW Fair Trading, to cancel its registration as an incorporated association.

An incorporated association that cannot pay its debts cannot apply to cancel its registration. Incorporated associations in this situation should seek immediate independent advice. They should consult a solicitor or accountant about their obligations.

How to voluntarily cancel a registration

An incorporated association must pass a special resolution that:

• approves the cancellation of its registration
• proposes the distribution of its assets, consistent with the incorporated association’s constitution.

A Form A8 Application for voluntary cancellation of registration of an association must be completed and lodged with NSW Fair Trading.

The application must include:

• a copy of the special resolution that was passed
• a list of the surplus assets and their proposed distribution for NSW Fair Trading approval
• a signed declaration that verifies they are committee members and must state that a committee member is authorised to apply, and the incorporated association has no debts.

There is no fee for an application to voluntarily cancel registration.

Lodging any outstanding annual summaries of financial affairs

The incorporated association must be:

• up to date with its financial reporting obligations, and
• each of the Form A12 Annual summary of financial affairs for the last 3 years must be lodged before the application can proceed. Access and lodge these forms online.

If full or partial financial summaries are unavailable, a statutory declaration must be provided. This declaration must be verified by a committee member and witnessed by a Justice of the Peace. It should explain why the information cannot be provided.

Distributing the incorporated association's assets

The incorporated association distributes its assets based on the approved special resolution. This distribution must be approved by NSW Fair Trading.

The Associations Incorporation Act 2009 (the Act) prohibits distribution of assets to any member or former member.

If a government department or public authority provides assets, such as grant funding, the incorporated association must return any unused portion. 

This should be sent back to the agency or a body nominated by the agency.

Other financial information requirements

If the incorporated association's last financial statements showed any assets or liabilities, certain documents will be needed. This includes a statement of income and expenses from that year until operations ended. Proof that the bank account has been closed may also be required.

What happens after voluntary cancellation

Once the incorporated association meets all its requirements, the incorporated association's registration may be cancelled. A notice of that action will be published in the NSW Gazette.

The lodging party will also be notified of the cancellation.

Incorporated associations must keep their financial records for at least 5 years

Incorporated associations must keep their financial records for at least 5 years. This is required by the Act and the Associations Incorporation Regulation 2022.

Go to keeping minutes, records and registers for more information on incorporated association records.