Incorporation is a system of State Government or Territory registration that gives an association or community groups certain legal advantages in return for accepting certain legal responsibilities.
Some are incorporated, many of the largest have their own acts of parliament, some are mutual societies, and others are branches of church organisations. If you don?t have a legal structure, your organisation is a group of individuals with no independent legal identity.
Incorporated Associations. For most organisations, the choice of structures is between company status and incorporation. Limited companies are highly regulated; incorporated associations are lightly regulated.
If you are an incorporated association, the legislation in most Australian states requires you to hold an AGM. For further clarification on legislation consult the ourcommunity.com.au helpsheets on Incorporation for your state or territory.
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The point about becoming a corporation (whether an incorporated association or a co-operative or a company) is that it creates something else that can be sued, and this has the effect of drawing fire away from members of the group as individuals.
(1) An incorporated association may by special resolution and with the approval of the Registrar change its name. (2) Where an incorporated association has passed a special resolution for the change of its name, the public officer of the incorporated association may make application to the Registrar for his approval to the change of name.
The proposed new Model Rules for Victorian Associations are in the main a well-thought-out and improved version of the old Model Rules. At a number of places, however, further
CLASSIE is a landmark Our Community Innovation Lab initiative that enables systematic classification of social sector initiatives and entities: a social sector taxonomy for Australia and New Zealand.
In most Australian states, incorporated associations are required to have their accounts audited once a year if their turnover is above a certain level. Even if your organisation doesn?t have to be audited, it is a good idea to have an audit to provide some reassurance that your accounts are complete and accurate.
? Unincorporated association ? Incorporated association (governed by state Associations Incorporation Acts) ? Public company limited by guarantee (governed by Corporations Act 2001 (Cth) / ACNC Act 2012 (Cth)) ?Though directors? duties may vary based on legal form they have traditionally been generally similar in nature
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