Not-For-Profit Company Checklist

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A Not-For-Profit organisation is a company that is established for some charitable purpose, and to register a Not-For-Profit Company you need to satisfy several eligibility requirements.

When applying to register an organisation as a charity, you need to demonstrate its charitable purpose by showing the organisation’s governing documents and other evidence of the organisation's financial activities. Not-for-profit or nonprofit organisations are exempt from tax and can provide direct benefits such as distributing money or gifts. It's a more complex process than setting up a regular company, so the checklist below will help you get started with setting up a Not-For-Profit Company. Complete and submit your answers to the questions below if you would like us to help you set up a Not-For-Profit Company. If you can’t answer certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

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1. Company Details

A. What is the name of the Not-For-Profit Company you intend to set up?
B. Is the Company Name the same as an already registered Business Name? If so, provide the ABN connected to that Business Name.
C. In what state or territory will the Company be registered?
D. What will be the street address (no PO boxes) of the Company's registered office (must be an Australian address)?
E. What is the street address of the Company's principal place of business, if different from the registered office?
F. What will be the opening hours of the Not-For-Profit Company's registered office? (Must be each business day for at least 3 nominated hours)

2. Company Constitution

A. What is the overarching goal/purpose of the not-for-profit company?
B. What is the underlying charitable/benevolent category of the not-for-profit company? (E.g. advancing art and culture, advancing education, advancing the environment, advancing health, advancing social welfare, advancing animal welfare etc)
C. What are some specific charitable/benevolent objectives/activities of the not-for-profit company? (Note: Not-for-profit companies require a special constitution which outlines the objectives)

3. Company Officeholders

A. How many Directors will the Company have? (Note: Not-For-Profit Companies must have at least 3 Directors and at least 2 need to live in Australia)
B. Provide the Full Names (and any previous names), Dates of Birth, City and Country of Birth, and whether each director is a designated 'Responsible Person'. You can also submit this information to us via email: info@creativelawyers.com.au.
C. Not-For-Profit Companies must have at least 1 Secretary who lives in Australia. Who will be the Not-For-Profit Company Secretary? Please provide the name, address, date of birth and place of birth of all Company Secretaries.
D. The Not-For-Profit Company must have at least 1 Member, which can be an individual or a company. Who will be the Not-For-Profit Company's Members? Please provide full name, address, date of birth and place of birth of all Members.
E. Who will be the Not-For-Profit Company's Public Officer? Please provide full name, address, date of birth and place of birth of the Not-For-Profit Company's Public Officer.

4. Company Members

A. Not-For-Profit Companies must have at least 3 Members. How many Members will the Company have?
B. Which of the Directors will be Members?
C. Which of the Members are 'Persons of Responsibility'? (Please identify the category of Responsible Person for each Member, if not a Director)
D. List or email us the names, addresses, dates and places of birth for Members who are not directors.
E. Guarantees are often a nominal amount between $10 - $100. How much will each Member contribute to the Not-For-Profit Company as a Guarantee?

5. Tax

A. Which of the following tax registrations will your new company need? (Goods and Services Tax (GST), Pay as You Go (PAYG) withholding, Fringe Benefits Tax (FBT), Luxury Car Tax (LCT), Fuel Tax Credits (FTC), Wine Equalisation Tax (WET))

Your Details

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