Registering As An Indigenous Corporation: What You Need To Know (2025 Updated)

Contents

What Is An Indigenous Corporation?

Before we get down into the technicalities of how to register an Indigenous corporation, it’s very helpful to know what it actually is.

An Indigenous corporation is an incorporated legal structure available exclusively for Aboriginal and Torres Strait Islander organisations. In other words, non-Indigenous organisations cannot register as an Indigenous corporation. This structure is specifically designed to preserve cultural values and community aspirations while supporting economic growth. If you are exploring alternative options, you might also want to read our articles on Operating as a Sole Trader and Does Business Structure Matter? for a broader perspective.

Indigenous corporations are registered with the Office of the Registrar of Indigenous Corporations (ORIC) under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). As of 2025, ORIC continues to update its digital platforms, making the application process more streamlined and accessible.

Why Register As An Indigenous Corporation?

An Indigenous corporation is one of several legal structures available to Indigenous businesses, so it is essential to research and consider all options to ensure you adopt the most suitable model for your organisation. This specialised structure not only offers cultural and community benefits but also delivers a range of legal and practical advantages that support self-determination and sustainable business growth in 2025.

Some advantages of incorporating as an Indigenous corporation include:

Members are protected from personal liability for debts incurred by the corporation
Aboriginal and Torres Strait Islander customs and traditions can be formally observed as detailed in the corporation’s rule book
Registration as an Indigenous corporation is free, making it an accessible option for community organisations
Corporations may apply to be exempt from preparing annual reports, easing the ongoing compliance burden

Indigenous corporations can operate nationally and are not confined to the state or territory in which they are registered
They are regulated by ORIC – a specialist regulator with detailed understanding of Indigenous affairs – rather than by ASIC

What Is The Office Of the Registrar Of Indigenous Corporations (ORIC)?

ORIC plays a much broader role than simply regulation and enforcement. They offer a suite of support services and specialist assistance aimed at building robust governance frameworks for Indigenous corporations. In addition to processing registrations, ORIC provides:

Workshops and training on good governance practices
Assistance with drafting and developing your corporation’s rule book
Help with finding independent directors and recruiting senior staff
Free job advertising to help connect with the right talent

ORIC also provides free legal advice on various issues through their LawHelp service, ensuring that your organisation is supported at every step.

What Is The Indigenous Land And Sea Corporation (ILSC)?

The Indigenous Land and Sea Corporation (ILSC) is a government body dedicated to assisting Aboriginal and Torres Strait Islander people acquire and manage land. By facilitating the purchase and management of lands and waters, the ILSC helps to restore land and water rights to Indigenous Australians while fostering economic, social, and cultural benefits.

For more details on how the ILSC supports land acquisition and management, visit their website.

How to Register An Indigenous Corporation

So you’ve decided that becoming an Indigenous corporation is the way forward. What’s next?

This section outlines the main steps involved in registering your business under the CATSI Act. Each step is designed to ensure that your application is both compliant and reflective of your community’s values. The primary steps are:

Identifying your members
Creating your rule book
Satisfying the pre-incorporation requirement
Checking for potential exemptions
Lodging your application

Step 1. Identifying Your Members

When registering as an Indigenous corporation, you need to provide ORIC with a register of members. These members form the backbone of your organisation, as they own the corporation and participate directly in making strategic decisions about its governance, direction, and financial management.

The CATSI Act establishes three essential requirements regarding membership:

Age: Each member must be at least 15 years old.
Minimum number of members: Typically, Indigenous corporations should have a minimum of 5 members, although you can apply for an exemption if circumstances warrant (for example, if you are transitioning from a sole trader model).
Indigeneity:
1. For corporations with more than 5 members, at least 51% of members must be Aboriginal or Torres Strait Islander.
2. For corporations with between 2–4 members, all members – or all but one – must be Aboriginal or Torres Strait Islander.
3. If there is only one member, that individual must be Aboriginal or Torres Strait Islander.

Additionally, you must determine the eligibility criteria for membership and document these in your rule book. Remember to obtain and maintain written consent from each person agreeing to become a member of your corporation.

Step 2. Creating Your Rule Book

Your Indigenous corporation must operate according to a rule book that is formally consented to by its members. A well-drafted rule book not only guides your organisation’s governance but also plays a key role in ensuring transparency and accountability.

A typical corporation rule book comprises three main sections:

Constitution: Outlines specific matters such as the corporation’s name, aims, objectives, and membership eligibility.
Set laws: These are predetermined rules under the CATSI Act that apply to all Indigenous corporations and cannot be altered unless an exemption is granted by ORIC.
Replaceable rules: Your corporation may opt to adopt the standard replaceable rules provided in the CATSI Act or modify them to better suit your operational needs.

Step 3. Satisfying The Pre-Incorporation Requirement

Before finalising your registration, you must demonstrate that at least 75% of your members have:

Consented to the application for registration as an Indigenous corporation
Approved the proposed rule book, including any replaceable rules not specifically detailed within it
Nominated the corporation’s secretary and director(s)

Evidence of this pre-incorporation meeting—whether through meeting minutes or a signed document—is essential to prove you have met the relevant requirements. It is also wise to familiarise yourself with the legal requirements for starting a business in Australia, ensuring complete compliance.

Step 4. Checking For Potential Exemptions

While drafting your rule book, you might identify certain criteria that could be challenging to meet under the CATSI Act. For instance, if you wish to have fewer than five members, you can apply to ORIC for an exemption. Such exemptions are granted only when the Registrar is convinced that adherence to the standard rule is either inappropriate or unreasonable for your circumstances.

To apply for an exemption, attach a completed request form to your registration application. Be sure to check ORIC’s website for the most up-to-date forms, as these are periodically revised.

Step 5. Lodging Your Application

Once you have prepared all the necessary documentation—congratulations! All that remains is to lodge your application.

The easiest method is to apply online via the ORIC portal available here. Digital enhancements in 2025 have made the online process both faster and more secure.

If you are unable to apply online, you can complete the appropriate paper form available on ORIC’s website. There are distinct forms if you are an existing organisation transferring your registration or amalgamating with another corporation; please ensure you select the correct form by visiting their forms page.

As a final tip, remember that staying updated is key. With digital transformation accelerating in 2025, many Indigenous Corporation applications are processed more swiftly than ever. Regularly check the latest guidelines on the ORIC website to ensure you are working with the current requirements.

Keeping Your Corporation Up to Date: Once your Indigenous corporation is registered, ongoing compliance is essential. ORIC now offers upgraded digital tools and regular online workshops to help manage your reporting obligations and governance practices. It’s a great idea to review our guides on online business privacy and industry regulations for the most current advice.

What Support & Grants Are Available To Indigenous Corporations?

Starting a business is no mean feat, but additional support and assistance are available for Indigenous business owners. In today’s evolving economic landscape, organisations registered as Indigenous corporations can take advantage of various funding options and support programs tailored to meet community needs.

Indigenous Business Australia (IBA) is a government organisation that provides workshops, expert advice, and business finance to eligible Indigenous business owners. Below is a summary of the key financial grants that may be available in 2025:

Start-Up Finance Package

Who is it for? Small to medium-sized start-ups and businesses with an annual turnover of less than $400,000 that have been trading for under one year.

What is it? The package is composed of a grant component and a loan component, designed to ease initial capital constraints.

What is covered by the grant component? Up to 30% of a new business loan to purchase essential assets. This grant does not require repayment.

What is the maximum loan amount and loan term? Up to $100,000, with a maximum loan term of seven years. Repayment plans are flexible and tailored to suit the needs of individual businesses.

Procurement Loan

Who is it for? Businesses awarded contracts through the Indigenous Procurement Policy (IPP) or other government programmes.

What is it? This loan is designed to assist with upfront costs associated with contract execution, helping you secure orders without cash flow interruptions.

What is the maximum loan amount and loan term? Up to $100,000, with a loan term of up to two years, matching the contract duration wherever possible.

Producer Offset Loan

Who is it for? Indigenous-owned production companies, producers, and directors. Eligibility requires that you qualify for a Producer Offset Rebate.

What is it? This loan offers financial support for documentary, film, or television projects, complementing funds from Screen Australia and state film-funding agencies.

What is the maximum loan amount and loan term? Up to $2,000,000, with a maximum term of two years.

Business Loan Package

Who is it for? Aboriginal and Torres Strait Islander peoples looking to start, expand, or restructure their small business in Australia.

What is it? This package offers assistance with working capital, purchasing existing businesses, equipment, and other commercial assets.

What is the maximum loan amount and loan term? Up to $5,000,000, with repayment terms extending to 20 years.

IBA also provides other financial support mechanisms, such as operational leases, invoice financing, and performance bonds. For further details, please visit their finance page.

Who Can Help Me Register My Indigenous Corporation?

Registering an Indigenous corporation requires a specialised process, but you don’t have to navigate it alone. Our experienced lawyers are here to assist you through every step of the process.

We offer an Indigenous Corporation Registration package that includes:

An initial consultation with a Sprintlaw lawyer to discuss your eligibility and available exemptions
Drafting and finalising a bespoke Rule Book for your organisation
Expert advice on compliance and governance matters to maximise your application’s success
Tailored document preparation that ensures your records meet all CATSI Act requirements

For more detailed information on corporate structuring and legal support, feel free to explore our Business Set-Up guide.

Need Help?

If you’d like additional support starting or growing your Indigenous corporation, or if you’re still exploring which business structure is best suited to your needs, we’re here to help!

Get in contact with our team at team@sprintlaw.com.au or give us a call on 1800 730 617 for a free, no-obligations consultation.

Kayleigh Yap

Kayleigh is a graduate in Arts and Law from the University of New South Wales. With an interest in human rights and intellectual property law, she has experience working in communications and marketing for small businesses and not-for-profits.

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