[Aust-NZ] Incorporation options

Tim Bowden tim.bowden at westnet.com.au
Sat Nov 10 06:46:19 EST 2007 

On Fri, 2007-11-09 at 19:26 +1100, shoaib wrote:
> Bruce, can you foresee an scenario where as an association we may be
> unable to conduct a particularly relevant activity?
> 
> would it be worth forking out a bit for the following:
> 
>   "If you have any doubt about whether your organisation needs to be
> registered, or the nature of its obligations after registration, you
> should seek advice from a solicitor, accountant or other professional
> person"

I think we definitely need to be incorporated, the only question is
state or federal, and which state.  If we're not incorporated we open
ourselves up to significant risk as Bruce pointed out.

> 
> Shoaib
> 

Regards,
Tim

> On Nov 9, 2007 6:10 PM, Chris Tweedie <chris at narx.net> wrote:
> > I agree. The cost vs benefit does not appear to be worth it from my limited trading knowledge and research.
> >
> > Definately put this to a vote and we would need to get many more of the interested parties involved off the wiki. I am a bit worried at the moment that only a small portion of people are actively discussing this issue on the list.
> >
> > Chris
> >
> >
> > On Fri, 09 Nov 2007 17:16:05 +1100, Cameron Shorter <cameron.shorter at gmail.com> wrote:
> > > Thanks Tim,
> > > I agree, keep registration costs down, and  lets make a decision.
> > >
> > > Lets hear what Bruce has to say, (and any others), then put a proposal
> > > forward that we can vote on.
> > >
> > > Tim Bowden wrote:
> > >> On Tue, 2007-10-30 at 11:46 +1100, Bruce.Bannerman at dpi.vic.gov.au wrote:
> > >>
> > >>> Tim,
> > >>>
> > >>> IMO:
> > >>>
> > >>>
> > >>> I've had a look through some of the options referred to below,
> > >>> specifically:
> > >>>
> > >>> http://www.asic.gov.au/asic/asic.nsf/byheadline/Registering
> > >>> +not-for-profit+or+charitable+organisations?openDocument
> > >>>
> > >>>
> > >>> I prefer the Company structure over the Incorporated Association,
> > >>> mainly due to its more flexible use Australia wide.
> > >>>
> > >>
> > >> If we become an incorporated association (in any state) then register
> > >> with ASIC, we have full rights to conduct business Aust wide.  Is there
> > >> anything specific you were worried about here?
> > >>
> > >>
> > >>> It also has some specific requirements that though potentially costly
> > >>> and onerous are appropriate for this type of organisation. Some
> > >>> examples are:
> > >>>
> > >>
> > >> Yes, company registration does have onerous requirements for a small
> > >> organisation like ours, and is quite expensive.  Given we are looking to
> > >> operate on a shoestring budget, I'm not sure where the money would come
> > >> from.  Spending money on statutory type requirements would also limit
> > >> our ability to spend money on getting a presence at trade shows, conf's
> > >> and the like.  I'm not convinced that's a good trade off.  Are there any
> > >> compelling reasons to go for the more expensive company registration
> > >> option?
> > >>
> > >>
> > >>> - Keep a record of all directors' and members' meeting minutes and
> > >>> resolutions;
> > >>>         - Appoint a registered company auditor within 1 month of its
> > >>> registration;
> > >>>         - Keep proper financial records
> > >>>         - Prepare, have audited and lodge financial statements and
> > >>> reports at the end of every financial year;
> > >>>         - Send to its members a copy of its financial statements and
> > >>> reports, unless the member has a standing arrangement with the company
> > >>> not to receive them;
> > >>>         - Hold an Annual General Meeting once every calendar year
> > >>> within 5 months of the end of its financial year;
> > >>>
> > >>>        If we were to go with this type of structure, does anyone have
> > >>> any ideas how we could fund these ongoing commitments + more (e.g.
> > >>> annual fees etc). Setting up the company could cost between $1,000 to
> > >>> $5,000 depending on what advice is taken before hand. There are also
> > >>> some other costs that I won't discuss on line, but would be
> > >>> appropriate as well.
> > >>>
> > >>>
> > >>> Bruce
> > >>>
> > >>>
> > >>
> > >> At the moment I'm leaning towards incorporation in WA as it's cheap and
> > >> has few requirements (specifically, no residency requirements for public
> > >> officers or members).  If we then register with ASIC we are then legally
> > >> able to conduct business anywhere in the country, which will be an issue
> > >> if we win the bid for the Sydney conf.
> > >>
> > >> All this ignores any issues involved with operating in NZ (after all, we
> > >> are the Aust-NZ chapter) but until we look at holding public events
> > >> there, we probably don't have to worry too much.
> > >>
> > >> It would be good to see this (finally) done and out of the way, so let's
> > >> see if we can get consensus on this by the end of next week.
> > >>
> > >> Regards,
> > >> Tim
> > >>
> > >>
> > >>> aust-nz-bounces at lists.osgeo.org wrote on 14/09/2007 10:41:46 AM:
> > >>>
> > >>>
> > >>>> All,
> > >>>>
> > >>>> I've been looking into incorporation options for the Aust-NZ
> > >>>>
> > >>> chapter.
> > >>>
> > >>>> It seems that we can incorporate in any state where we meet the
> > >>>>
> > >>> state
> > >>>
> > >>>> requirements, then register with ASIC which will enable us to
> > >>>>
> > >>> operate
> > >>>
> > >>>> outside our state of incorporation.
> > >>>>
> > >>>> ASIC guidelines can be found here:
> > >>>>
> > >>>> http://www.asic.gov.au/asic/asic.nsf/byheadline/Registering
> > >>>> +not-for-profit+or+charitable+organisations?openDocument
> > >>>> (watch for url wrap)
> > >>>> It includes links to all the states requirements.
> > >>>>
> > >>>> I've started looking through the legislation for various states, but
> > >>>>
> > >>> so
> > >>>
> > >>>> far haven't got past ACT and WA.  If anyone wants to summarise the
> > >>>> requirements for their state, we should then be in a position to
> > >>>>
> > >>> decide
> > >>>
> > >>>> which suits us best.
> > >>>>
> > >>>> Summary of requirements of states (so far):
> > >>>>
> > >>>> ACT
> > >>>> Legislation: http://www.legislation.act.gov.au/a/1991-46/default.asp
> > >>>> Guidelines: http://www.rgo.act.gov.au/assn2.shtml
> > >>>> 5 members minimum
> > >>>> Application for incorporation by ACT resident
> > >>>> Initial committee of at least 3 people
> > >>>> Public office required and must be resident in ACT
> > >>>> Maintain accounts and keep for seven years
> > >>>> Accounts must be audited.
> > >>>> If assets or expenditure exceed a certain amount ($150,000) or
> > >>>> membership >1000 then the auditor must be a chartered accountant
> > >>>>
> > >>> (this
> > >>>
> > >>>> will be an issue for us only in the year we hold a major event such
> > >>>>
> > >>> as a
> > >>>
> > >>>> conf; otherwise it won't affect us).
> > >>>> Audited accounts must be lodged yearly.
> > >>>> Register of members available to all members.
> > >>>>
> > >>>> Costs: Application to Incorporate- $133
> > >>>>
> > >>>> WA
> > >>>> Legislation:
> > >>>> http://www.slp.wa.gov.au/statutes/swans.nsf/DisplayPDF?
> > >>>> Openagent&Type=S&ID=D2C45E0D21C9A904482570BC002E763C
> > >>>> Guidelines: http://www.docep.wa.gov.au/associations/
> > >>>> More than 5 members
> > >>>> Intention to apply for incorporation must be advertised between one
> > >>>>
> > >>> and
> > >>>
> > >>>> three months before the application is made.
> > >>>> No residency requirements
> > >>>> Keep accounts in such a state that they can be audited and presented
> > >>>>
> > >>> to
> > >>>
> > >>>> members at AGM
> > >>>> Register of members to be kept with residential or postal address.
> > >>>>
> > >>>> Regards,
> > >>>> Tim
> > >>>>
> > >>>> _______________________________________________
> > >>>> Aust-NZ mailing list
> > >>>> Aust-NZ at lists.osgeo.org
> > >>>> http://lists.osgeo.org/mailman/listinfo/aust-nz
> > >>>>
> > >>> Notice:
> > >>> This email and any attachments may contain information that is
> > >>> personal, confidential,
> > >>> legally privileged and/or copyright. No part of it should be
> > >>> reproduced, adapted or communicated without the prior written consent
> > >>> of the copyright owner.
> > >>>
> > >>> It is the responsibility of the recipient to check for and remove
> > >>> viruses.
> > >>>
> > >>> If you have received this email in error, please notify the sender by
> > >>> return email, delete it from your system and destroy any copies. You
> > >>> are not authorised to use, communicate or rely on the information
> > >>> contained in this email.
> > >>>
> > >>> Please consider the environment before printing this email.
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>
> > >>> _______________________________________________
> > >>> Aust-NZ mailing list
> > >>> Aust-NZ at lists.osgeo.org
> > >>> http://lists.osgeo.org/mailman/listinfo/aust-nz
> > >>>
> > >>
> > >> _______________________________________________
> > >> Aust-NZ mailing list
> > >> Aust-NZ at lists.osgeo.org
> > >> http://lists.osgeo.org/mailman/listinfo/aust-nz
> > >>
> > >>
> > >
> > >
> > > --
> > > Cameron Shorter
> > > Geospatial Systems Architect
> > > Tel: +61 (0)2 8570 5050
> > > Mob: +61 (0)419 142 254
> > >
> > > Think Globally, Fix Locally
> > > Commercial Support for Geospatial Open Source Software
> > > http://www.lisasoft.com/LISAsoft/SupportedProducts.html
> > >
> > > _______________________________________________
> > > Aust-NZ mailing list
> > > Aust-NZ at lists.osgeo.org
> > > http://lists.osgeo.org/mailman/listinfo/aust-nz
> >
> > _______________________________________________
> > Aust-NZ mailing list
> > Aust-NZ at lists.osgeo.org
> > http://lists.osgeo.org/mailman/listinfo/aust-nz
> >
> _______________________________________________
> Aust-NZ mailing list
> Aust-NZ at lists.osgeo.org
> http://lists.osgeo.org/mailman/listinfo/aust-nz

More information about the Aust-NZ mailing list