Incorporation of an Association - Western Australia

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

An association is eligible for incorporation if it has more than five members with voting rights and is formed for either:

  • a religious, educational, charitable or benevolent purpose
  • the purpose of promoting or encouraging literature, science or the arts
  • the purpose of sport, recreation or amusement
  • the purpose of establishing, carrying on, or improving a community, social or cultural centre, or promoting the interests of a local community
  • political purposes.

If the purpose of your association is not one specified above, an application in writing may be made to the Commissioner for Consumer Protection to approve the purpose. However, an association is not eligible for incorporation if it is an association for the purpose of trading or securing financial profit to the members.

To be eligible to apply you must:

  • provide a copy of the rules of the association conforming to the requirements of the Associations Incorporation Act
  • issue an advertisement in the prescribed form to be published in a newspaper three months before you make your application
  • provide a certificate certifying that you are authorised by the association to apply for registration, and verifying your application, copy of rules, that your association has more than five members, and that you have complied with the advertising requirements.

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $218.00

Application for incorporation of an association (own rules). Fees for 2022-23

Apply Application All $176.00

Application for incorporation of an association (model rules). Fees for 2022-23

Forms

Other resources

Act(s) name

Associations Incorporation Act 2015 Western Australia

Regulation(s) name

Associations Incorporation Regulations 2016 Western Australia

Approval time

Approximately one week

Administering agency

Department of Mines, Industry Regulation and Safety

Consumer Protection

Contact details

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