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. Please consult the responsible agency for more information and to ascertain the level of compliance (if any) that may be required.