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Setting up an incorporated association? That’s great news!
Running a not-for-profit is a rewarding experience, and the benefits of turning this into an incorporated association are endless.
Before you get started, though, you should be thinking about whether you meet all the requirements to set up in your state or territory. The last thing you want is preparing for an incorporated association application process, and then finding out you’re not eligible.
If you’re based in Tasmania, our lawyers can help you decide if you’re eligible to incorporate your association and guide you through the application process.
Who Regulates Incorporated Associations In Tasmania?
In Tasmania, the Consumer, Building and Occupational Services (CBOS) regulates and manages the incorporation process.
It’s important to familiarise yourself with the key provisions in the Associations Incorporations Act 1964 (Tasmania) as these are the rules you’ll need to comply with.
How Do I Apply?
The process for setting up an incorporated association in Tasmania is relatively straightforward. You want to make sure your business satisfies all the requirements before you lodge any application.
1. Is Your Organisation Eligible For Incorporation?
The first question you want to ask yourself is, “Is our group formed for a common purpose?”. This could include:
- Charitable purposes
- Educational or religious purposes
- Encouraging literature, science or art
- Recreational purposes
- Community centres
- Superannuation schemes
- Retirement benefits
- Medical treatment services
If the answer is yes, your next question would be, “Are we operating on a not-for-profit basis?”
If you’ve answered yes to both of these questions, then you’ve covered step 1.
2. Call A Meeting
Next, you want to call a meeting to decide who will fill the committee roles, such as the secretary and president.
This is also where you’ll want to appoint or authorise someone to lodge the actual application.
3. Have Your Organisation’s Name Approved
When you decide on your organisation’s name, make sure you’ve checked that it isn’t already a registered name of an incorporated association.
Your organisation’s name should also be reflective of your purpose. Once you’ve incorporated, you also need to have the word ‘Incorporated’ or ‘Inc’ after your name, which lets people know that you have limited liability.
4. Approve Your Set Of Rules
Your organisation also needs a set of rules. You might refer to this as your constitution.
Essentially, they set out the rules for how your association will operate, and they need to be compliant with the rules in the Act. You can also adopt the model rules (which are also contained in the Act), but note that any changes you make to these model rules still need to comply with the Act.
You’ll need to attach this document to your application.
5. Lodge An Application
The final step is to lodge the application. Once you’ve attached your set of rules, you also need to pay the relevant fees (in Tasmania, the incorporation fee is $162).
Need Help?
Setting up an incorporated association in Tasmania is an exciting step, but you may need some guidance setting up rules, your purpose, your organisation’s name and ensuring compliance generally.
Sprintlaw offers a package to help you set up an incorporated association in Tasmania, so the process is simple and stress-free.
If you would like a consultation on your options going forward, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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