Associations Incorporation Regulation 1966

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 1 July 2001.

(1) The Registrar may refuse to accept an application, notice or other document that is required to be lodged with him under the Act if the application, notice or document–

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(b) is not on International A4 size paper of suitable weight and quality, and with a margin of at least 50 mm on the left hand side of the sheet; or

(2) For the purposes of Subsection (1)(a), “printed” includes type-written, lithographed or reproduced by any mechanical means.

A notice under Section 2 of the Act of intention to apply for the incorporation of an association shall be in Form 1.

An application under Section 6 of the Act for the incorporation of an association shall be in Form 2.

An application for the approval of the Registrar to a change of name under Section 9 of the Act shall be–

(b) verified by a copy of the special resolution signed by the public officer of the association and sealed with the seal of the association; and

(c) lodged with the Registrar within the period of one month after the date of the meeting at which the special resolution approving the change of name was passed.

A new certificate of incorporation issued under Section 9(3) of the Act after a change of name shall be in Form 5.

A notice of appointment of a public officer under Section 14 of the Act shall be in Form 6.

(1) The matters to be specified for the purposes of Section 16 of the Act in the rules of an association shall include provisions–

(b) for the making and keeping of a register of officials and committee members; and

(f) whether rights of members are transferable or transmittable and under what circumstances; and

(2) The Registrar may exempt an association from including any or all of the provisions specified in Subsection (1) if he is of the opinion that it is unnecessary for the association to include those provisions, or any of them, in its rules.

(1) A notice under Section 22(3) of the Act of the passing of a special resolution to which this section applies shall be–

(b) signed by the public officer of the association and sealed with the common seal of the association.

(2) This section applies to every special resolution except a special resolution authorizing or relating to–

A notice under Section 24(2) of the Act of the amalgamation of associations shall be–

(b) lodged with the Registrar within one month after the date of the meeting at which the special resolution to which it related was passed; and

(c) signed by the public officer of the association and sealed with the common seal of the association, and accompanied by a copy of the special resolution.

A new certificate of incorporation issued under Section 24(4) of the Act shall be in Form 9.

At the request, by post or otherwise, of a person, the Registrar may, on payment of the prescribed fee, furnish the person with any information in the Registrar’s possession relating to an incorporated association.

Subject to Sections 5 and 35 of the Act, an appeal under either of those sections shall be instituted in accordance with Schedule 2.

The fees for or in respect of any matter or thing done under the Act are the fees prescribed in Schedule 3.

Form 1 – Notice of intention to apply for the incorporation of an association.

Form 7 – Notice of passing of special resolution to which Section 9 applies.

Form 8 – Notice of passing of special resolution for amalgamation of associations.

Form 9 – New certificate of incorporation on the amalgamation of associations.

1. Where an appeal is made under Section 5 of the Act, the Clerk of the District Court who receives the notice of appeal shall notify the Registrar, the appellant and any other person who is required by that section to be joined as a party to the appeal, of the time and place at which the hearing of the appeal is to be commenced.

(1) An appeal under Section 35 of the Act shall be instituted by written notice of appeal, stating specifically but concisely the grounds of appeal, and copies of the notice of appeal shall be served on, or sent by registered post to–

(b) the Clerk of the District Court for the area in which the appeal is to be heard; and

(i) the public officer of the association, if the appeal is brought by a member or creditor of an association; or

(ii) each person who appears from the records of the association to be a creditor of the association, if the appeal is brought by the public officer of the association.

(2) Each copy of a notice of appeal under Section 35 of the Act shall be accompanied by, or have endorsed on it, a statement signed by the appellant, specifying–

(a) the names and addresses of all persons on whom or to whom copies of the notices have been or are proposed to be served or sent; and

(b) the respective dates on which those copies were served on or sent to each of those persons respectively.

(3) Notwithstanding the preceding provisions of this section, the Magistrate by whom the appeal under Section 35 of the Act is to be heard may, in his discretion, direct service of the notice of appeal on such persons as he thinks fit.

(4) The Registrar and each party to an appeal under Section 5 or 35 of the Act is entitled to be represented by counsel.

(5) On the application of a party to an appeal under Section 5 or 35 of the Act, or of the Registrar, the Magistrate by whom the appeal is heard may summon witnesses to give evidence on the hearing of the appeal.

(6) If the Registrar or any party to an appeal under Section 5 or 35 of the Act fails to appear at the time when and the place at which the hearing of the appeal is to commence, the Magistrate may, in his discretion–

(b) where the Registrar or the other party to the appeal fails to appear, hear the appeal or adjourn it to some other date.

(7) Without prejudice to Subsection (6), the Magistrate by whom an appeal under Section 5 or 35 of the Act is heard may adjourn the hearing from time to time and from place to place as he thinks fit.

(8) On the hearing of an appeal under Section 5 or 35 of the Act the appellant is not entitled to raise any ground of appeal other than that contained in his notice of appeal.

(9) On the determination of an appeal under Section 5 or 35 of the Act, the Magistrate shall–

(b) cause copies of that order to be made available to the parties to the appeal and to the Registrar.

Matter			Fees
Application for incorporation under Section 6 of the Act			K50.00
Certificate of incorporation under Section 7 of the Act			K20.00
New certificate of incorporation or registration of change of name under Section 9 of the Act			K 5.00
For late filing or lodging if not filed or lodged within a period specified by the Act			K 5.00
Notice of amalgamation under Section 24 of the Act			K10.00
Certificate of incorporation under Section 24 of the Act			K10.00
Certificate of Registrar under Section 29 of the Act			K 5.00
Information furnished under Section 12 of the Act			K 2.00
Search and inspection of documents filed with Registrar by or in relation to an incorporated association			K 2.00
For the making and certification by the Registrar of a photographic reproduction of a document in his custody, for each page			K 2.00
For the making and certification by the Registrar of a copy or extract, other than a photographic reproduction, of a document in his custody–
	(a)	for the first page	K 4.00
	(b)	for each additional page	K 2.00
For certification of a copy or extract supplied to the Registrar of a document in his possession, or for the making by the Registrar of an uncertified copy or extract of such a document–
	half of the fee that would be payable for a certified copy or extract of that document.

Papua New Guinea Consolidated Legislation

Associations Incorporation Regulation 1966