Transferring registration to another legal entity
Learn how incorporated associations can transfer incorporation to a company, co-operative, or corporation.
An incorporated association may apply for a transfer of registration to:
- a company
- a co-operative, or
- a corporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).
The transfer of registration does not:
- create a new legal entity, or
- affect the organisation’s existing property, rights or legal proceedings or obligations.
Reasons to transfer an incorporation
An incorporated association may transfer its registration for multiple reasons, such as:
- its size or activities mean it should not remain an incorporated association
- there are similar bodies registered under another corporate structure
- it is a requirement of the organisation’s funding conditions.
How to apply to transfer registration
An incorporated association wishing to transfer its registration must follow these steps:
Pass a special resolution
Pass a special resolution to:
- approve the proposed transfer
- approve the proposed name under which the incorporated association is to apply to be registered
- approve the constitution or rules.
The incorporated association may need to:
- pass additional resolutions, or
- comply with other requirements under the legislation governing the corporate structure to which it intends to transfer.
You should contact the regulatory authority administering the law under which the incorporated association is to become registered to determine the requirements.
Apply for a transfer of registration declaration
Complete Form A10 Application for approval to transfer registration (PDF 968.3KB) together with the prescribed fee.
Apply for registration as a company, co-operative or a corporation
Apply to register as a company, co-operative, or corporation under the CATSI Act with the appropriate regulator.
After registration, send a copy of the certificate of incorporation of the company, co-operative or corporation to NSW Fair Trading.
Record the change of registration
Record the change of registration and the new name of the organisation:
- on the organisation’s bank accounts, documents, books and records
- with relevant government departments for taxation and other records (for example, land titles and car registrations)
- on signage, letterhead and website.
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.