7. Transferring to another jurisdiction
The Commissioner can assist an association incorporated in Western Australia to transfer to another incorporated entity, such as a company limited by guarantee. The association must firstly make an application to incorporate with the appropriate regulator, such as the Australian Securities and Investments Commission, and then the Commissioner can make an order to transfer the association's operations (termed “undertakings” in the Act) to the new incorporated body. There may be stamp duty or other taxes payable in the case of a transfer, and associations should seek independent legal or financial advice.
Although the transfer process is relatively straightforward, there are several steps required and it is recommended that associations first contact the Commerce Associations Branch on 1300 30 40 74 to find out how best to proceed.
It is proposed that the new legislation will streamline the process of transferring to another jurisdiction. Instead of transferring just the undertaking, it is expected that the Commissioner will be able to transfer the incorporation. This is a legal fine point, but the result may be to eliminate any tax complications.