[Aust-NZ] Incorporation options

[Cameron Shorter]

Tim,
I don't think the state for incorporation is a major issue. Let's just 
pick one and do it.
I vote for WA because:
1. It doesn't require a resident (there may be times in future when 
there are no members from a particular state).
2. You live there and this should make it easier for you to setup.
3. Landgate is in WA and Landgate is currently our biggest potential 
institutional champion and sponsor.


Tim Bowden wrote:
> 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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>
>   


-- 
Cameron Shorter
Systems Architect, http://lisasoft.com.au
Tel: +61 (0)2 8570 5050
Mob: +61 (0)419 142 254