Canberra Preschool Society

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Winding Up

Background
The CPS encourages each Preschool Parent Association to exercise it’s legal right to choose its own course of action with respect to its future.
The CPS has taken steps to ensure that there is a considerable degree of flexibility for the member Parent Associations - be they the original entity formed before the opening of the Preschool or Playschool or those entities that emerge from the period of change stemming from the Preschool/Primary Amalgamations.
From 2008 all Preschool Parent Associations have been taking the necessary time to examine their immediate, medium and long-term future. This action comes as a direct result of the Government’s adoption of the 2006 Toward 2020 proposal to amalgamate the non-compulsory Preschool year into the compulsory Primary School years of each child's education.
The CPS Council has actively encouraged this necessary organisational review - is it represents a healthy and more realistic understanding of who the Parent Association is and why they operate the way that they do.
The CPS Council believes that there is a role for the Preschool Parent Association - as an independent entity that shares in the governance of the school or for a Parent Group that operates as a sub-committee of the Primary School's Parent and Citizen's Association. CPS Membership is open to either and the CPS Council seeks to support a growing understanding of the early years of a child's learning and development - regardless.
The information below does not seek to replace the information that is to be obtained from the Registrar General's Office - it is aimed to give you a brief understanding of the processes involved when an Association needs to reassess its entity, its obligations and responsibilities. More information should be sought from the Office of Regulatory Services Website, and, of course, we urge you to seek out independent legal advice - due, mostly, to the fact that we are not equipped to be your Association's legal counsel.
Winding up
If are you planning to dissolve (wind-up) the Preschool Parent Association – that means that the Preschool Parent Association ceases to exist and disposes of its assets – in accordance with the manner described in its constitution.

You will need many meetings (all achieving a quorum) to work through the entire process and who will be able to make the necessary decisions.
The Office of Regulatory services state:
"An incorporated association may wind up voluntarily following a special resolution of its members. The ORS cannot provide advice on appropriate procedures for winding up an association and if an association believes it should be wound up independent legal advice should be sought.
Once the winding up process has been completed the association must advise the ORS and the incorporation will then be cancelled."
Please refer to the Incorporated Associations Practice Manual on the Office of Regulatory Service's website. As this helpful document can be downloaded or viewed on line. It provides all of the necessary information to navigate your way through these actions.
It is role of the CPS to instruct nor advise on this procedure and independent legal advice should be sought.
You must seek legal advice pertaining to any of these actions as, if handled incorrectly, can cause a lot of grief.
Page Updates: 16 March 2010

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