Author Topic: WHY WAS REMLR INCORPORATED  (Read 4249 times)

Offline hodgo

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WHY WAS REMLR INCORPORATED
« on: May 27, 2012, 08:53:50 AM »

I will never understand why REMLR was incorporated and only in NSW if its a requirement for legal purposes why dont we need it in the other states?. It was never a club does not own any property (other than some books and infornation). or real estate, has very little income all, any get to gathers that I know of are social events at a persons home or public place I may not be as well educated as some, but am I missing something.

Hodgo

Offline THE BOOGER

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Re: WHY WAS REMLR INCORPORATED
« Reply #1 on: May 27, 2012, 10:29:05 AM »
Hogo
REMLR was incorporated to provide richard some legal protection if somebody decided they wanted to take a lawsuite against remlr for what ever reason they may see fit,also to provide an "owner" for the info and things that remlr does have it may not be much but as it was thought better to set something up that was not dependent on one person.There may have been other personal reasons but these reasons were the ones given publicly and to the inaugral AGM. The minuets of both the AGM,s were on line at the old site in the private area perhaps richard could put them up in a thread on REMLR.inc bussiness as there are somthings that have to be publicly avaliable such as office bearers and members list (not registrants list). A private members area would be a good idea for things like this.
PS: I believe it was incorporated in nsw because that was where the public officer was and it was eazyest
geoff
geoff c

Offline Mick_Marsh

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Re: WHY WAS REMLR INCORPORATED
« Reply #2 on: May 27, 2012, 11:31:26 AM »
I don't think you can incorporate an association in multiple states. I think you pick a state and incorporate there.

Some information from the department of justice website.

Advantages for being Incorporated

Incorporating establishes your association as a legal entity, which allows your association to:

    * continue regardless of changes to membership
    * accept gifts and bequests
    * buy and sell property
    * enter into enforceable contracts
    * sue or be sued
    * apply for Government grants

Ownership of land

In relation to ownership of land, registration cannot be in the name of an unincorporated association. Instead, the land must be registered in the names of all the members, which can create difficulty as new members join. If incorporated, title to land is vested in the name of the association as a separate legal entity.
 
Limitation of Liability

One of the principal reasons for incorporation is to gain the benefits of limited liability. Section 27 of the Act provides as follows.

"A member of an incorporated association is not liable, except as provided in the rules of the association, to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of a winding up of the association".

In relation to liability, generally the members of the committee of an unincorporated association will be personally liable for anything for which, if the association were a company, the company would be liable. In particular if some person acting in the course of their duties does some negligent act, which results in damage to person or property, the members of the committee will normally be personally responsible risk of this kind can be covered by insurance. If incorporated, an insurance policy can be taken out in the name of an association and this covers at least part of the legal liability. However, you should note that at times these insurance policies are difficult to obtain.

Circumstances are possible when members of an incorporated association can be exposed to unlimited liability. If members of an association are in any doubt as to the extent to which this section will be effective in limiting their liability they should consult their legal advisers. The assumption that incorporation removes the need to effect public liability insurance may be unwise and any decision not to insure should be discussed with the association's legal adviser.
 
Litigation

In relation to litigation, an unincorporated association cannot sue or be sued in the name of the association. Any action taken must be in the name of individuals on behalf of the members of the committee. If incorporated, any action in law is taken out in the name of an association as a separate legal identity.

Automatic Approval for Charitable Organisations

If charitable organisations wish to solicit for donations from the public they must either be a corporation, become incorporated, or apply for an approval from the Commissioner of Corporate Affairs. It is not necessary for a body to apply for approval if a charitable organisation is incorporated (only in Tasmania). If the organisation is not incorporated, or incorporated in a jurisdiction other than Tasmania, it will be necessary to apply for approval. In this way some charitable organisations may incorporate as an alternative to seeking a separate approval for charitable collections.
 
Name Protection

It is not a purpose of the Association Incorporation Act to protect names and the incorporation of an association under a particular name will not improve any right to use the name. If for example the name under which the association were incorporated, whether unconsciously or not was identical or very similar to the name of another prior existing organisation, which was not incorporated, that prior existing organisation may seek the assistance of the Courts to restrict the incorporated association from continuing to use the particular name.
REMLR # 310, MVCA # 364, 101 Club # 2188, MHG #101
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Offline fc101

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Re: WHY WAS REMLR INCORPORATED
« Reply #3 on: May 27, 2012, 02:02:49 PM »
This was really flogged to death at the time - is it really necessary to raise this all again.  I would say go back and read the posts at the time but that is a bit hard at the moment.

I agree - a private area is needed.  In considering that consideration needs to made whether it is restricted to financial members or the wider REMLR membership.  Maybe two private areas are needed.  I am not advocating one or the other just flagging it.

Garry

Offline Uncle Ho

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Re: WHY WAS REMLR INCORPORATED
« Reply #4 on: May 27, 2012, 02:31:07 PM »


G'day Folks  :)

The main reason that REMLR became REMLR.inc was to protect the "REMLR" name,by becoming Incorporated that protection is afforded,as at that time a public officer was required and the easiest state to set it up was NSW,Andrew"Shonkey" stepped up to do it  :D and he has done a very good job I might add, so now we need another NSW person of good standing to step up to the plate ;)if anybody is contemplating it I would suggest that you Email/PM Shonkey and he will give you a rundown as to what the job intails.

cheers

Offline Uncle Ho

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Re: WHY WAS REMLR INCORPORATED
« Reply #5 on: May 27, 2012, 02:39:10 PM »
To add further to that I would agree with Garycol as to needing a private area for REMLR members would be a benefit same as/or similar as was on the old REMLR forum within AULRO.

Mick_Marsh has kindly set out the rules of incorporation for you all to peruse  ;)


Phoenix,old buddy ;) ;) how about an "Edit" button so that DoDo's like me can correct our poor spelling and other Bo Bo's ;D
« Last Edit: May 27, 2012, 02:40:56 PM by Uncle Ho »

Offline Uncle Ho

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Re: WHY WAS REMLR INCORPORATED
« Reply #6 on: May 27, 2012, 02:43:14 PM »


DUR! I just found the button ::)

Offline Mick_Marsh

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Re: WHY WAS REMLR INCORPORATED
« Reply #7 on: May 27, 2012, 02:47:23 PM »
This was really flogged to death at the time - is it really necessary to raise this all again.  I would say go back and read the posts at the time but that is a bit hard at the moment.

I agree - a private area is needed.  In considering that consideration needs to made whether it is restricted to financial members or the wider REMLR membership.  Maybe two private areas are needed.  I am not advocating one or the other just flagging it.

Garry
Not being a financial member of REMLR Inc., I would agree with Garry a private area for the financial members is needed. I would go further and suggest it is a must.
REMLR # 310, MVCA # 364, 101 Club # 2188, MHG #101
29-417 101 GS, 30-248 101 Rapier Tractor. 30-238 101
34-597 Crump & Cornish 1 ton Cargo Trailer
RT21 RAAF Track Tactical Trailer, 234-671 RAAF Track Tactical Trailer

Offline Phoenix

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Re: WHY WAS REMLR INCORPORATED
« Reply #8 on: May 27, 2012, 03:36:18 PM »
As said earier, you can't incorporate in multiple states, just one.  Does anybody know which state KVE is incorporated in as they are the closest to a similar organisation I can think of.

As to why.  Protection of me was a small part, but protection to the years of research done my so many people was also a consideration in all of this.  It would be a shame to leave all of that unprotected and open to theft by whoever wanted to.

At the end of the day, there was also the issue of succession.  If I fall off my perch tomorrow, there are others that can carry on.  previously, it would have been the end of REMLR.

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Offline Vixen

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Re: WHY WAS REMLR INCORPORATED
« Reply #9 on: May 27, 2012, 04:21:48 PM »
Just to clear something in my head now.......

Is it only registrants that now have a REMLR number? because before everyone that had sent in their details did

Offline THE BOOGER

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Re: WHY WAS REMLR INCORPORATED
« Reply #10 on: May 27, 2012, 04:34:56 PM »
KVE is incorporated in NSW.

The remlr numbers are from the register that is everybody that sends in their details ,financial members are different but as far as i know all finacial members are also on the register ;D
« Last Edit: May 27, 2012, 04:37:06 PM by THE BOOGER »
geoff c

Offline d@rk51d3

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Re: WHY WAS REMLR INCORPORATED
« Reply #11 on: May 27, 2012, 06:14:13 PM »
Just to clear something in my head now.......

Is it only registrants that now have a REMLR number? because before everyone that had sent in their details did

Everyone still has has the same number, just like before. This is regardless of any payment of fees. ;)

Some of us offer financial support ($5.00 per annum), and in turn get voting rights at the AGM.
-Reece.

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Offline Vixen

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Re: WHY WAS REMLR INCORPORATED
« Reply #12 on: May 27, 2012, 07:54:01 PM »
Just to clear something in my head now.......

Is it only registrants that now have a REMLR number? because before everyone that had sent in their details did

Everyone still has has the same number, just like before. This is regardless of any payment of fees. ;)

Some of us offer financial support ($5.00 per annum), and in turn get voting rights at the AGM.

I went looking for myself on the website to find my number, and I was not there. I don't recall asking to be taken off :o
« Last Edit: May 27, 2012, 08:55:01 PM by Vixen »

Offline fc101

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Re: WHY WAS REMLR INCORPORATED
« Reply #13 on: May 27, 2012, 10:15:50 PM »
Incorporation is done at the Federal Level via the Corporations Act - through ASIC but registration needs to be at the state level.  This means that Federal Rules apply so is valid in all States.

Attached is the Australian Military Equipment Collectors Ltd incorporation document.

Hmmm maybe not :(  - how do I attach a PDF???

Offline bobslandies

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Re: WHY WAS REMLR INCORPORATED
« Reply #14 on: May 27, 2012, 11:38:07 PM »
As said earier, you can't incorporate in multiple states, just one.  Does anybody know which state KVE is incorporated in as they are the closest to a similar organisation I can think of.

KVE is incorporated in NSW.  I imagine another reason REMLR was incorporated in NSW was for the same reason KVE was formed - that Corowa is held in NSW and has attendees from pretty well all States - and allows NSW legislation that may effect attendance to be widely disseminated before anyone is embarrassed by being found to infringe some rule or law.

Also NSW Incorporation law for Associations is being trialled at the moment as the Commonwealth uniform model  before it is recommended to be adopted nationally.

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