Membership of incorporated associations
Learn about membership qualifications, voting rights, minors' eligibility, maintaining a register, and rules under the Model constitution.
Qualifications for membership
The incorporated association’s constitution must specify any qualifications for membership. It should also set out how new members may join the incorporated association.
If an incorporated association has adopted the Model constitution, a person is a member if that person:
- has applied for and been approved for membership under the constitution
- was a member of an unincorporated body before its registration as the incorporated association
- was a member of an incorporated association right before it merged to form the incorporated association
- was a member of a registrable corporation before it registered as an incorporated association.
Incorporated associations can have corporate or affiliated members
An incorporated association's constitution may allow other incorporated bodies to be members. These include incorporated associations, co-operatives, and companies. It may also allow affiliated members.
An incorporated association that wishes to do so must adopt its own constitution and may need to obtain legal advice regarding appropriate clauses. The Model constitution does not cover these situations.
Incorporated associations must have at least 5 members
An incorporated association must have at least 5 members at all times.
An incorporated association’s incorporation may be cancelled if it has fewer than 5 members.
There is no limit on the maximum number of members an incorporated association may have.
When a person ceases to be a member
The incorporated association's constitution should set out the circumstances in which membership ceases. Where the Model constitution applies, a person's membership ceases in the following circumstances, if the person:
- dies
- resigns their membership
- is expelled from the incorporated association
- fails to pay the annual membership fee within 3 months after the fee is due.
Eligibility of members to vote at a general meeting
The incorporated association's constitution should specify members' eligibility to vote.
The constitution must list the resolutions that may be voted on by postal or electronic ballot. It must also state if members can vote by proxy at general meetings.
Voting by non-financial members at an annual general meeting
The constitution should set out if non-financial members (i.e. those who have not paid all their membership dues) can vote at the annual general meeting.
Where the Model constitution applies, a member may not vote at any general meeting unless they have paid all dues.
Nomination or election of non-financial members
The incorporated association's constitution must set out provisions relating to the election or appointment of members of the committee. This includes the procedure for:
- nominating persons for election, or
- appointment to the management committee.
People under the age of 18
Persons under the age of 18 (minors) can be members of an incorporated association. However, the Associations Incorporation Act 2009 (the Act) does not allow anyone under 18 to be a committee member.
If the incorporated association has minor members, the constitution must state their rights and privileges. This includes any restrictions on their voting rights.
Where the Model constitution applies, a member under the age of 18 years is not entitled to vote.
The register of members
The incorporated association's constitution must make provision for a register of members. This includes establishing, maintaining, safekeeping and inspecting the register of members.
A members' register would normally list each member's name, contact details, and membership start date.
Where the Model constitution applies, the incorporated association's secretary must establish and maintain the register of members, in written or electronic form. The register must be:
- kept at the main premises of the incorporated association or at its official address
- available for inspection free of charge by any member.
The Model constitution limits the purposes for which information in the members’ register may be used and allows a member to request that their information (other than the member's name) is not made available for inspection.
Visit keeping minutes, registers and records for more information.
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NSW Fair Trading can only provide information based on the content available on the website and cannot provide legal advice.