Registration as an Incorporated Association - Victoria

Service summary

You will require this application if you intend to incorporate an association. Incorporation is a voluntary process which allows a not-for-profit club or community group to apply to become its own legal entity. The benefits of incorporation include:

  • protection of the members and office holders against personal liability for debts and other legal obligations of the organisation
  • the ability to invest and borrow money and buy and sell property in the name of the organisation
  • the ability to accept gifts or bequests
  • greater certainty and acceptability to potential contracting parties such as lenders, employees and suppliers of goods and services
  • the ability to sue and be sued in the name of the association
  • greater eligibility to apply for grants.

Alternative options for non-profit organisations include incorporating as either:

  • a company limited by guarantee under the Corporations Law
  • an Indigenous Incorporated Association under the Aboriginal Councils and Associations Act 1976 (for Indigenous associations only).

For-profit businesses cannot incorporate as an association. Businesses should instead apply to register a company with ASIC. To register as an incorporated association, you must create a myCAV account. Please consult the responsible agency for more information.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible you will need to:

  • be a not-for-profit association
  • have at least five members
  • have the support of the majority of your members
  • make a resolution in accordance with the rules of your organisation to apply for incorporation
  • nominate a person as first secretary who is at least 18 years old
  • have a suitable name, written statement of purposes and set of rules
  • submit to the incorporation process as described in detail on the Consumer Affairs Victoria website
  • make your application in the approved form, with accompanying documentation
  • pay any required fees.

Duration

Ongoing.

Fees

 TypeDescription
ApplyApplication

Fees will vary depending on whether the association follows its own rules or the model rules. Please refer to the Consumer Affairs Victoria fee schedule.

Application

Apply

The person authorised to apply for incorporation must complete the application form and lodge it with the Registrar, along with:

  • A copy of the proposed statement of purposes;
  • A copy of the proposed rules of the association (unless you are adopting the Model Rules unmodified);
  • Copies of any trusts that may affect the association; and
  • The application fee.

Administering agency

Department of Justice and Regulation
Consumer Affairs Victoria

Act(s) name

Associations Incorporation Reform Act 2012 (Victoria)

Regulation(s) name

Associations Incorporation Reform Regulations 2012 (Victoria)

Contact details

Department of Justice and Regulation
Consumer Affairs Victoria


Phone:

03 8684 0735

Other:

1300 558 181

Fax:

03 8684 6199
consumer@justice.vic.gov.au

Website:

Consumer Affairs Victoria Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.