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What you'll need first
To become an incorporated association under the Associations Incorporation Act 1981 (the Act), you must have at least five members and be a not-for-profit association.
You will also require:
- A suitable name - your proposed name must not be too similar to an existing registered business name or a name already taken by another incorporated association or company. You should search the following registers, however a clear result does not necessarily mean the proposed name is available to be registered.
- A written statement of purposes - a document that sets out the proposed objects of your association.
- A written set of rules - a written constitution that deals with the matters set out in the Schedule to the Act. You can adopt the Model Rules, or, if your association has more specific requirements, modify the Model Rules or draft your own. For more information see Rules of an Incorporated Association.
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Steps of the incorporation process
There are three main steps to incorporation:
Step 1
The association must hold a meeting of which all members are given at least 21 days notice.
Step 2
At this meeting, a majority of votes cast by members, whether personally or by proxy (if proxies are allowed), must:
a) authorise a particular person to incorporate the association. This person must be at least 18 years old and reside in the State of Victoria
b) approve a proposed statement of purposes
c) approve proposed rules that comply with the Act or approve the adoption of the model rules.
Step 3
The person authorised to apply for incorporation must complete and lodge with the Registrar:
a) the Application for Association Incorporation form (PDF|50KB) together with the prescribed fee
b) a copy of the proposed statement of purposes
c) a copy of the proposed rules of the association (unless adopting the Model Rules unmodified, in which case a copy of the rules is not required) The rules must contain the matters specified in the Schedule to the Act
d) copies of any trusts that may affect the association
e) the application fee (for the current fee, see Fees and forms.)
Notes
If the association has approved the adoption of the Model Rules without any amendments, there is no need to attach a copy of the Model Rules to the application.
- The Australian Taxation Office (ATO) has additional requirements for non-profit organisations seeking exemption from income tax. It is important that you are aware of these prior to incorporation, as certain clauses may be required in the organisation’s rules. See Australian Tax Office page for non-profit organisations
- The person who lodges the application for incorporation is the first public officer of the incorporated association, unless another person has been nominated as first public officer.
- Unless the rules otherwise provide,the committee members of the unincorporated association form the first management committee of the incorporated association.
- A Certificate of Incorporation will be issued by the Registrar after the application for incorporation has been accepted. This will bear the name of the incorporated association, the registration number and the date of incorporation.
- Cheques must be made payable to Consumer Affairs Victoria. Receipts will only be issued upon request.
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After incorporating
Upon incorporating, you should consider:
- setting up a post office box for mail
- obtaining a common seal
- opening a bank account in the incorporated association’s name
- taking out public liability and other insurance, and
- setting up systems to record the transactions, assets and liabilities of the association.
Your association’s new name, including the word ‘Incorporated’ or ‘Inc’ must appear on all its stationary and other documentation.
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