Our charity establishment service is suitable for accounting, legal, and professional firms who rely on highly effective legal documentation, and appreciate the value of old-fashioned and informed customer service.
- Our online order forms make setting up a charitable organisation in Australia convenient and easy.
- Our legal documents have been carefully drafted to comply with the appropriate legislative and tax office requirements.
- We support a range of different charitable legal structures including companies, trusts, associations, and indigenous corporations.
- Our highly experienced team manually reviews every submission to ensure information is free from error and ASIC friendly (where required) - saving you headaches and costs down the line.
- As ASIC registered agents, we perform same-day registration of your company with ASIC, and include as standard electronic delivery of all your company documentation (where required).
- We pride ourselves on great and informed customer service, and our professional team is available to discuss any question or client issue you may have.
- Full-service printing, binding and delivery options are available.
From the Knowledge Base
What are the common legal structures used for charitable organisations?There are different ways you can register as a charitable or not-for-profit organisation. Before you register, you should consider what structure best suits your organisation's purposes.
- Incorporated association (the most common type) - the name will be something like 'ABC Incorporated'.
- Companies Limited by Guarantee (the next most common type) - the name will be something like 'ABC Limited'.
- Trust - a common structure used for private charities, for example, ‘ABC Fund’, or ‘ABC Foundation’
- Unincorporated association - a less formal structure, with no separate legal identity
- Cooperative - the name must include the words ‘Cooperative’ and ‘Limited’ or ‘Ltd’
- Indigenous corporation - for example, ‘ABC Aboriginal Corporation’.
Setting up a private charitable trustTrusts are legal structures established to hold and distribute funds according to the legal requirements of the trust’s deed. Unlike some other forms of non-profit organisations, charitable trusts are not established to specifically undertake action to fulfil a purpose but to distribute funds in a considered way in order to enable other organisations to pursue their purpose.
Charitable trusts are often set up through a bequest in a will but do not have to be. A trust is established with the investment in the trust of an initial corpus of money that may be held in perpetuity. A certain percentage of the interest on this sum is granted periodically to particular causes, organisations, winners of scholarships or other grant-seekers.
In some cases, a trust’s deed or other legal requirements such as wanting to retain tax-exempt status may require that the trust only make grants to non-profit organisations or to charities.
Setting up a companyCharitable and not-for-profit organisations can be registered as public companies limited by guarantee. This means the liability of the company’s members is limited. The limit is usually the amount members will contribute to the property of the company if it is wound up.
Registration of a company creates a legal entity separate from its members. This means the company can hold property and sue or be sued.
Established in 1976, ABN Australia has helped more than 100,000 businesses choose and establish their preferred business structure here in Australia. Our longevity is a testament to the high level of customer service we provide, and the wealth of experience we bring to the table.