Amalgamation with other incorporated associations
Steps to amalgamate incorporated associations in NSW, including choosing a name, applying to amalgamate and what happens after applying.
Any 2 or more incorporated associations registered in NSW may apply to amalgamate into one incorporated association combining their:
- assets, and
- liabilities.
The new amalgamated incorporated association:
- becomes the registered entity
- takes on the liabilities of each incorporated association
- assumes the assets of each incorporated association
- takes on the rights and responsibilities of each incorporated association
- takes on any pending proceedings against any of the incorporated associations.
Members of each incorporated association then become members of the new incorporated association.
Steps to apply to amalgamate
Deciding on amalgamation
Members of each incorporated association must:
- pass a special resolution to amalgamate, and
- approve the objects and constitution of the new, amalgamated incorpoated association.
The incorporated associations must approve the amalgamation terms. This includes how the incorporated association will operate in the future.
See resolutions for more information.
Choosing a name
The name of the new incorporated association can be:
- the name of one of the amalgamating incorporated associations, or
- a new name.
See naming your incorporated association for more information.
Applying to amalgamate
The proposed public officer for the amalgamated incorporated association is required to lodge a Form A3 Application for registration of an amalgamated incorporated association with the prescribed fee.
The application must include:
- the Form A3 supplement signed by the public officer for each of the amalgamating incorporated associations
- an estimate of the income and expenditure of the proposed amalgamated incorporated associations which is the estimate for the first financial year of the new incorporated association
- an estimate of the combined assets and liabilities of the proposed amalgamated incorporated association
- a copy of the special resolution passed by each of the amalgamating incorporated associations
- ensure all outstanding Form A12 Annual summaries of financial affairs have been lodged for the amalgamating incorporated associations as stated in Form A3.
Visit incorporated associations forms and fees to find out how to lodge your application.
What happens after you lodge the application
After the amalgamated incorporated association is registered, NSW Fair Trading will:
- issue a certificate of incorporation for the amalgamated incorporated association, and
- cancel registration of the individual incorporated associations.
Ask NSW Fair Trading a question
If you are unable to find the information you need, you can call us on 1800 502 042 between 8:30am and 5pm, Monday to Friday.
NSW Fair Trading can only provide information based on the content available on the website and cannot provide legal advice.