BAWA information on Constitution and Incorporation

February 2007

 

Why Incorporate:

The major features of becoming incorporated are:

·         the association acquires the powers of a body corporate with perpetual succession and a common seal;

·         the association may sue or be sued;

·         the association may enter into contracts and acquire, hold and dispose of property;

·         members or officers of the association are generally not liable to contribute towards the payment of debts or liabilities of the association;

·         the name of the association concludes with the word "Incorporated" or the abbreviation "Inc." as part of its name;

·         if members or office bearers of the association incurred liabilities or obligations on behalf of the association prior to incorporation, those liabilities and obligations can be exercised against the incorporated association.

 

The Associations Incorporation Act (1987) and Associations Incorporation Regulations (1988) are

intended to provide for the incorporation of associations in Western Australia and the regulation of their

affairs. The Department of Consumer and Employment Protection, and in particular the Commissioner for

Fair Trading, has the responsibility to administer the Act and Regulations on behalf of the government.

 

Important information is available at these websites:

Department Sport and Recreation info

http://www.dsr.wa.gov.au/clubcd/runcd/getstart/getst02.htm

DOCEP info and DOCEP info sheets

http://www.docep.wa.gov.au/associations/