Incorporation of an Association - New South Wales

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, you must:

  • have no fewer than five members and a committee consisting of at least three members
  • develop a constitution as well as a statement of your association's objectives
  • appoint a public officer of at least 18 years of age residing in New South Wales
  • have an official address within New South Wales, this cannot be a post office box
  • pay the required fees.

Eligibility is subject to various regulations in respect to trading, buying and selling of shares, stock and property for financial gain of the association and its members.

Duration

Incorporation continues until formally cancelled or wound up.

Fees

Fees Details for this service in table format.

Task Type Business Structure Description
Apply Application All

Fee information is in the attached fee resource.

Other resources

Task Business Structure Resources
Comply Incorporated Association Associations Fees (Opens in new window)

Act(s) name

Associations Incorporations Act 2009 New South Wales

Regulation(s) name

Associations Incorporation Regulation 2022 New South Wales

Administering agency

Department of Customer Service

NSW Fair Trading

Contact details

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