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

[Tim Bowden]

On Fri, 2008-10-17 at 10:48 +1100, Bruce Bannerman wrote:
> Ian,
> 
> Some background info from about 12 months ago that is relevant:
> 
> http://lists.osgeo.org/pipermail/aust-nz/2007-November/000170.html
> 
> 
> I prefer the Limited Liability option in this litigious day and age.
> 

The incorporated association gives the same limited liability as Pty Ltd
does.  It is designed as a cheaper method of achieving the same ends but
is restricted to non profits.  It exists for a reason, and I think we
should use it.

I'll dig out what I started for going down this path wrt WA
incorporation as that seemed to provide the most flexibility at minimal
cost.  After that we only need to register with ASIC to operate
nationally.

Regards,
Tim Bowden

> It may be cheaper to set up an Association in the short term, but far,
> far more expensive in the longer term.
> 
> ...there is cheap and there is cheap...
> 
> 
> (NB: the $1300 is the price for a professional to establish the
> organisation).
> 
> 
> 
> Bruce
> 
> 
> 
> 
> 
> 
> > -----Original Message-----
> > From: aust-nz-bounces at lists.osgeo.org
> > [mailto:aust-nz-bounces at lists.osgeo.org] On Behalf Of
> > Ian.Batley at ga.gov.au
> > Sent: Friday, 17 October 2008 9:57 AM
> > To: Aust-NZ at lists.osgeo.org
> > Subject: RE: [Aust-NZ] Time to move - Incorporation of
> > OSGeo-AustNZ][SEC=UNCLASSIFIED]
> >
> > Bruce
> >
> > A PTY LTD is quite different to an Association. The legal
> > advice you cited talks about the Association path which was
> > what I was suggesting. It would also appear from that advice
> > that we will need to pursue the ARBN once incorporated.
> >
> > Our stumbling block at the moment (correct me if wrong) is
> > that we do not have a constitution. However, under the ACT
> > legislation, we can adopt the 'model rules' (see Schedule 1 of
> > http://www.legislation.act.gov.au/sl/1991-31/current/pdf/1991-
> > 31.pdf) while we debate a proper constitution.
> >
> > The only real issue I see with the Association path is that
> > the Public Officer must reside in the state/territory that
> > the Association is registered.
> >
> > Another option is to register a public company limited by
> > guarantee (cost
> > $330)
> > http://www.asic.gov.au/asic/asic.nsf/byheadline/Registering+no
> > t-for-profit+or
> > +charitable+organisations?openDocument
> > While this would avoid the need for the ARBN, it would mean
> > that we must have an office somewhere in Aust. and comply
> > with other company type obligations.
> > It also requires that every member guarantees a certain $ value.
> >
> > Ian
> > -------------------------
> > Ian Batley
> > ian.batley at ga.gov.au
> > 02 6249 5825
> >
> >
> 
> 
> 
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-- 
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when you make it again.