[Aust-NZ] Incorporation options

[Bruce.Bannerman at dpi.vic.gov.au]

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. 

It also has some specific requirements that though potentially costly and 
onerous are appropriate for this type of organisation. Some examples are:

- 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



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

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