Incorporation of an Association - Australian Capital Territory

Description

Incorporation allows associations to establish a corporate identity and provides legal status in return for accepting certain legal responsibilities. An incorporated association has the benefits of limited liability, can enter into contracts, and can sue and be sued.

When you incorporate your association, it becomes a legally separate entity with the same powers as an individual. An incorporated association can own land, sign a lease and appear in court.

An incorporated association and its members are legally separate. Under normal circumstances, it provides protection to the management committee from personal liability for the actions of the incorporated association, provided they are carried out in good faith and due diligence.

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 for incorporation, your association or group must:

  • have at least 5 members
  • be formed or carried on for a lawful purpose
  • not be ineligible for incorporation.

An association is ineligible for incorporation under this subsection if it:

  • is intending to obtain or trade financial gain for its members
  • has capital that is divided into shares or stock held by its members
  • holds property in which its members have a transferable interest
  • is eligible for registration as an organisation under federal law.

The association or group may, by resolution, authorise a person who is at least 18 years of age and who resides in the Australian Capital Territory to apply for the incorporation of the association or proposed association.

Duration

Incorporation remains valid until the association deregisters.

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $209.00 Fees for 2022-23

Forms

Other resources

Task Business Structure Resources
Apply All Forms and Fees (Opens in new window)

Act(s) name

Associations Incorporation Act 1991 Australian Capital Territory

Regulation(s) name

Associations Incorporation Regulation 1991 Australian Capital Territory

Lodgement process

Lodge

Please lodge your application directly with the Agency.

Administering agency

Justice and Community Safety Directorate

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.