Incorporation

 Click on this post and follow the link to see our formal confirmation that KHSAN is officially incorporated. 

The text of the letter from the NSW Department of Fair Trading is copied below: 

Dear Client

Re: KEMPSEY HIGH SCHOOL ALUMNI NETWORK INCORPORATED - INC2001267

I refer to your Application for registration under the Associations Incorporation Act 2009 (the Act) that was

lodged with NSW Fair Trading on 22/10/2020.

The above Association was registered on 27 October 2020.

Please ensure that the name of the Association appears correctly on the enclosed Certificate of

Incorporation.

It should be noted that if the association has adopted its own constitution, this constitution has not been

reviewed by NSW Fair Trading. The Association is responsible for ensuring its constitution complies with the

requirements of the Act and the law generally.

The Association’s constitution must address certain matters. These are set out in the fact sheet titled "About

the Constitution", which is available on the Fair Trading website.

If an association’s constitution fails to address any of the required matters, the provisions of the model

constitution with respect to that matter are taken to be part of the Association’s constitution.

The Model constitution may be updated from time-to -time. The updates will apply to the constitution of any

Association that has adopted the Model constitution, or where the updated clause is taken as part of the

Association’s constitution.

Fair Trading will monitor the association’s ongoing suitability for incorporation under the Act.

The Association is reminded of some key requirements of the Act:

Annual General Meetings (AGM) and Reporting Obligations

An association’s reporting obligations under the Act depend on its status as either a Tier 1 (large) or Tier 2

(smaller) association.

The committee must, as soon as practical after the end of its financial year, cause statements for the

association, and any trust for which the association acts as a trustee, to be prepared. Tier 1 Associations

must have their financial statements audited.

The financial statements (and for Tier 1 associations the auditor’s report) must be submitted to the AGM.

The association’s first AGM is required to be held within 18 months after incorporation and within 6 months

after the end of its first financial year.

Within one month of the AGM and no later than 7 months after the end of the Association’s financial year a

person authorised by the committee is required to lodge with Fair Trading an:

 Annual summary of financial affairs - Tier 1 (Form A12-T1) or

 Annual summary of financial affairs - Tier 2 (Form A12-T2).

Information concerning the financial reporting obligations of incorporated associations is available on the Fair

Trading website.

Public Officer

The association’s public officer is the official contact point for the association. If there is a vacancy in the

office of public officer, the committee must fill that vacancy within 28 days.

The public officer, who must reside in NSW, is required to lodge Form A9 – Notice of appointment of public

officer and Notice of change of association address within 28 days of becoming public officer or of any

change in the association’s official address.

The official address of the association must be an address in NSW:

 at which the public officer can generally be found; and

 at which documents can be served on the association by post.

The official address cannot be a post office box.

Association Records

The association is required to keep and maintain various records including:

 financial records that correctly record and explain its financial transactions and financial position.

 minutes of meetings

 Register of committee members and a Register of members

 A record of any disclosure of conflict of interest by a committee member.

Constitution

The constitution of an incorporated association is a contract between the association and its members, who

agree to adhere to the provisions in the constitution. The committee is responsible for ensuring the

association operate in accordance with its constitution and the Act.

An incorporated association may, by special resolution, alter its objects or its constitution.

An application to register change of objects or constitution (Form A6) must be lodged within 28 days of the

special resolution being passed. Any alteration of the Association’s objects or constitution takes effect when

the alteration is registered by Fair Trading.

If you require any further information please review the Webpages on the Fair Trading website

www.fairtrading.nsw.gov.au/associations-and-co-operatives prior to contacting Registry Services.

Yours sincerely

LEAH NEARY

Customer Services Officer

27 October 2020