[Aust-NZ] Time to move - Incorporation of OSGeo-AustNZ [SEC=UNCLASSIFIED]

Wed Oct 15 23:48:45 EDT 2008

Brent

I am no legal eagle but I do (and have) belonged to a number of associations.
One which definitely has o/s members is actually a registered company.
Another is registered in WA but has members from all Aust states/territories,
whilst another is registered in the ACT but has NSW members. Yet another is
registered in NSW but has ACT members. These last three are associations and
not companies.

I think it largely comes down to what is written in the constitution. Eg
membership, membership classes or grades, board and executive make-up,
powers, etc.

BTW, none of the groups mentioned above have gone down the Registrable
Australian Bodies path, so I suspect that we would not need too.

Unfortunately, I think we might have to get accountant or legal advice to
work out the 'proper' way forward. Does anyone have a legal acquaintance or
relative?

But I must ask. Do we need to go down this path at all?

I suspect that if we want to be a legal entity and have bank accounts, etc.
then we will need to. Otherwise, I would say that we should just be a part of
the greater OSGeo community.

Ian
-------------------------
Ian Batley
ian.batley at ga.gov.au
02 6249 5825

-----Original Message-----
From: Brent Wood [mailto:pcreso at yahoo.com] 
Sent: Thursday, 16 October 2008 1:58 PM
To: Batley Ian
Subject: RE: [Aust-NZ] Time to move - Incorporation of OSGeo-AustNZ
[SEC=UNCLASSIFIED]

As described below, I can see a few possible problems that we really need
tidied up before progressing this. I thought getting this sorted out was what
Tim originally had problems with which made the whole process more
complicated than otherwise.

We need a body corporate which can accept at least members, and ideally
committee members, from countries and states other than the one of
registration.

I'm not sure about NZ, nor about Bruce's proposal or Ian's ACT suggestions.

I'll follow this up for NZ, but would like some clarification on this aspect
for the others if possible...

Cheers,

Brent

--- On Thu, 10/16/08, Ian.Batley at ga.gov.au <Ian.Batley at ga.gov.au> wrote:

> From: Ian.Batley at ga.gov.au <Ian.Batley at ga.gov.au>
> Subject: RE: [Aust-NZ] Time to move - Incorporation of OSGeo-AustNZ
[SEC=UNCLASSIFIED]
> To: Aust-NZ at lists.osgeo.org
> Date: Thursday, October 16, 2008, 11:54 AM
> If registered in the ACT it is done under the Associations
> Incorporations Act
> and all the details can be found at
> http://www.ors.act.gov.au/licensing/Assocns/assn1.html
> 
> Cost is $138 for the application. It is not an onerous task
> and it does not
> require a physical address, just postal. However, it does
> require yearly
> lodgement of some things (cost $32), a membership of at
> least 5 people, and a
> constitution.
> 

A physical address of the first public officer is required (not a big deal)

Is an NZ address considered "deliverable by Australian Post?"
My impression is probably not, in which case no-one in NZ can be on the
inaugural committee of such an organisation, I'm not sure about after the
inaugural one, but again, my guess is not.

This issue is likely whichever country we register in. I'm guessing again,
but I figure the only persons able to be in a recognised position of
authority (committee/director) in such an incorporated body will be persons
who can be held accountable under the registering authority.

I'm intrigued that the ACT form requires an Australian postal address for all
inaugural committee members, but does not specify this for future committee
members (in the notification of change of committee form).

> Once incorporated we may need to investigate Aust wide
> registration, but I am not sure on this, see
>
http://www.asic.gov.au/asic/asic.nsf/byheadline/Registrable+Australian+Bodies

I don't fully understand this, but it seems up front that while this allows
the body corporate to operate throughout Australia, I can't tell if it allows
the governing committee to have members outside of the home state? 

> ?opendocument
> 
> Cost for this registration is $330 if we have to do it.
> 
> -------------------------
> Ian Batley
> ian.batley at ga.gov.au
> 02 6249 5825
> 
> 
> -----Original Message-----
> From: aust-nz-bounces at lists.osgeo.org
> [mailto:aust-nz-bounces at lists.osgeo.org] On Behalf Of Brent
> Wood
> Sent: Thursday, 16 October 2008 6:46 AM
> To: Aust-NZ at lists.osgeo.org
> Subject: Re: [Aust-NZ] Time to move - Incorporation of
> OSGeo-AustNZ
> 
> Eek...
> 
> That seems expensive, unless I'm missing something
> (which given my expertise
> in this area, is quite possible :-)
> 
> Does it matter whether the chapter is registered in
> Australia or NZ? If is is
> in Australia then it problably means less work for me :-)
> but I'm not really
> concerned either way. 
> 
> To register as a not-for-profit incorporated society in NZ
> is NZ$100 which
> I'm happy to fork out for, or could come out od initial
> membership fees?
> 
> If we can find a friendly accountant, annual auditing is
> free or pretty
> cheap. The running costs will be postage (mostly email
> anyway I'd hope) & a
> bank account, which I guess could well be Australian if
> required, like if we
> had an Australian treasurer.
> 
> & I figure accounts in both NZ & Australia might be
> cheaper than regularly
> transferring $$ internationally anyway...
> 
> 
> Is it worth following up a NZ based registration if is
> cheaper & simpler?
> 
> As far as I can tell, NZ residency is not required, unless
> we require it
> under our own rules/charter, and normally the only officers
> required are
> Chair/President, secretary & treasurer, but it does
> require 15 members.
> 
> There are plenty of examples of charters available to model
> ours on if
> required.
> 
> These links give a useful how-to, one from an NZ LUG...
> 
>
http://www.community.net.nz/How-ToGuides/LegalStructures/PublicationsResource
> s/incorpsoc.htm
> http://www.wlug.org.nz/NewZealandIncorporatedSocietyHowto
> 
> The official site, is at:
>
http://www.societies.govt.nz/cms/incorporated-societies/incorporated-societie
> s-landing-page
> 
> The application form is at:
>
http://www.societies.govt.nz/cms/pdf-library/incorporated-societies-forms/for
> m-is1-application-to-incorporate-a-society-pdf
> 
> 
> The registered address may not even have to be in NZ, nor
> the postal address,
> but I (or someone else here from NZ I'm sure) can
> provide NZ ones if
> required. We may need to post an application form around 15
> people for
> signing, but given signatures are on three pages, that
> isn't too onerous.
> 
> We can state that IRC meetings, given a quorum, are
> acceptable for society
> meetings, in our rules.
> 
> 
> If people are interested in this option, I guess we could
> start by drafting
> the charter/rules on the OSGEO wiki? Once that is done
> & we have the 15
> signatures, we can apply, with a result in a few days.
> 
> 
> Cheers,
> 
>    Brent
> 
> 
> 
> --- On Wed, 10/15/08, Bruce Bannerman
> <bruce at bannerman.id.au> wrote:
> 
> > From: Bruce Bannerman <bruce at bannerman.id.au>
> > Subject: [Aust-NZ] Time to move - Incorporation of
> OSGeo-AustNZ
> > To: "Aust-NZ OSGeo"
> <Aust-NZ at lists.osgeo.org>
> > Date: Wednesday, October 15, 2008, 11:40 PM
> > Getting insurance quotes is proving to be a very
> difficult
> > process in
> > these troubled times.
> > 
> > 
> > I propose that we proceed with the incorporation of
> > OSGeo-AustNZ as a
> > not for profit organisation and revisit the costs for
> > insurance when
> > these become available. 
> > 
> > 
> > Costs will be:
> > 
> > 
> > Incorporation as a Not-for-profit   $1300
> > 
> > Annual audit fee approx $200
> > 
> > 
> > It will take two to four weeks to incorporate.
> > 
> > 
> > Now, where do we find the funds?
> > 
> > 
> > Bruce Bannerman
> > 
> > 
> > 
> > _______________________________________________
> > Aust-NZ mailing list
> > Aust-NZ at lists.osgeo.org
> > http://lists.osgeo.org/mailman/listinfo/aust-nz
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