[Aust-NZ] Incorporation options

Fri Nov 9 03:26:23 EST 2007

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"

Shoaib

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
>