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Whether you’re changing your business structure or you’re starting from scratch, setting up an incorporated association opens up endless possibilities for your company.
If you want to Set Up An Incorporated Association In Northern Territory, the process for doing so is relatively straightforward. As long as you are familiar with the relevant laws and regulations, and you are compliant with these requirements, you should be all set!
But of course, it’s good to be safe and double check that your organisation is well prepared for the application process. Let’s go through each step.
Where Do I Start?
In the Northern Territory, the Associations Act 2003 (NT) sets out the rules around incorporated associations. So, it’s worth familiarising yourself with the key provisions before you get started.
1. Nominate A Public Officer
Your organisation needs to have a public officer at all times. Think of this person as the ‘contact person’ of the association. This means they’re responsible for providing information to Licensing NT even after incorporation.
Whoever lodges the application for the incorporation to Licensing NT is automatically the public officer.
2. Decide On Your Organisation’s Name
Your next step is to decide on your organisation’s name. Before you finalise this, you need to check ASIC’s register to ensure that name isn’t already taken or registered, otherwise it won’t be approved.
You also want to make sure that you use the word ‘Incorporated’ or ‘Inc’ after your name, so people know you’re protected by limited liability.
3. Have A Set Of Rules
Like other companies, having a constitution is essential as it is the governing document. It sets out details around committee members and how internal affairs will be managed.
If you are writing your own set of rules (or constitution), be sure to refer to section 21 of the Act. This sets out key matters that you are required to cover as part of your rules.
However, you can also choose to adopt Licensing NT’s model constitution which is already compliant with the Act. It’s important to get legal advice if you’re choosing this option, as the model constitution might not be appropriate for your business structure.
4. Decide On Your Organisation’s Purpose
Next, you’ll need to decide on your association’s purpose. This could be any of the following:
- Religious, educational benevolent or charitable purpose
- Medical treatment
- Promoting literature, science, art or culture
- Recreation or amusement
- Improving a community centre
When writing out your purpose, be careful with the wording as this could cause some legal headaches later down the track, particularly where you engage in activities that are considered beyond the scope of your purpose.
5. Lodge Your Application
The final step is to lodge your application with Licensing NT by completing an Application for Incorporation of an Association form.
If you’re the person lodging the application, you’ll need to sign a Statutory Declaration clarifying their authority to apply as the public officer.
You should also have your set of rules attached to your application, and pay the required fee of $78.
Need Help Setting Up?
If you’re not too sure about what you need to set up an incorporated association, or not sure where to start, Sprintlaw can help.
We offer a package to help you apply and pay the required government fee to set up an incorporated association in Northern Territory. 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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