[Aust-NZ] Incorporation options

Tim Bowden tim.bowden at westnet.com.au
Thu Sep 13 17:41:46 PDT 2007


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




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