Queensland Consolidated Acts Queensland Consolidated Acts(1) Two or more bodies corporate may apply to the Minister to be amalgamated as a single body corporate.
(2) The application must—
(a) state the names of the bodies corporate applying to be amalgamated; and
(b) state whether—
(i) all the bodies corporate are to be dissolved and a new body corporate established; or
(ii) 1 of the bodies corporate is to continue and the others are to be dissolved and subsumed into the body corporate that is to continue; and
(c) for an application to which paragraph (b)(i) applies, state the name proposed for the proposed new body corporate; and
(d) for an application to which paragraph (b)(ii) applies, state which body corporate is to continue; and
(e) state the object or objects to which it is intended the proposed new or continuing body corporate will apply its property; and
(f) state the name of each hospital proposed to be an associated hospital for the proposed new or continuing body corporate; and
(g) include or be accompanied by the other information or documents the Minister reasonably requires.
(3) If the Minister is satisfied the bodies corporate should be amalgamated, the Minister may recommend the Governor in Council make a regulation for the purpose of amalgamating the bodies corporate.
(4) A regulation under subsection (3)—
(a) must amalgamate the bodies corporate by—
(i) dissolving each body corporate (the discontinued body corporate) and establishing a new body corporate (the new body corporate); or
(ii) identifying the body corporate that is to continue (the continuing body corporate), dissolving each of the other bodies corporate (the discontinued body corporate) and subsuming it into the continuing body corporate; and
(b) may do any of the following—
(i) provide for the assets and liabilities of a discontinued body corporate, without any conveyance, transfer or assignment, to become the assets and liabilities of the new body corporate or continuing body corporate;
(ii) provide that the rights and obligations of a discontinued body corporate become the rights and obligations of the new body corporate or continuing body corporate;
(iii) provide that if a legal proceeding might have been continued or started by or against a discontinued body corporate, it may be continued or started by or against the new body corporate or continuing body corporate;
(iv) provide that in an instrument (other than a statutory instrument) in existence at the amalgamation, a reference to a discontinued body corporate is a reference to the new body corporate or continuing body corporate;
(v) provide that the general fund established by a discontinued body corporate becomes part of the general fund of the new body corporate or continuing body corporate;
(vi) provide that any trust fund of a discontinued body corporate becomes a trust fund of the new body corporate or continuing body corporate;
(vii) provide that a bequest to a discontinued body corporate, whether made before or after the amalgamation, is a bequest to the new body corporate or continuing body corporate;
(viii) make provision to facilitate anything else for, or relating to, the amalgamation.
(5) On the dissolution of a body corporate under this section, its members go out of office.
(6) A new body corporate is taken to have been established under section 7.
(7) To remove any doubt, it is declared sections 56 to 61 do not apply to an amalgamation under this section.
(8) In this section—
bequest of property includes devise, gift and grant of property.