[Aust-NZ] Incorporation options
Cameron Shorter
cameron.shorter at gmail.com
Thu Nov 8 22:16:05 PST 2007
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
>>>
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--
Cameron Shorter
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