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If you’re running a Not‑For‑Profit organisation (NFP) or charity, and want to operate in a way that mirrors a company structure, you might be considering setting up an Incorporated Association. This structure lets you pursue your charitable or recreational purpose (for example, a sports club) while enjoying the benefits of a separate legal identity.
Under an Incorporated Association structure, you register with the relevant state body, obtain a legal identity distinct from its members, and establish an elected management committee to ensure your organisation’s objectives are met. For further clarification on your legal structure options, you might also want to read our Sole Trader vs Company guide.
It’s an exciting step for NFPs to take; however, the rules and obligations surrounding the set‑up process vary across states. It’s important to familiarise yourself with the current legislation and regulatory requirements in the state where you intend to operate.
If you want to set up an incorporated association in ACT, you’ve come to the right place. Sprintlaw is here to help you with your set‑up process and fee arrangements as updated for 2025.
Where Do I Start?
The process of setting up an incorporated association might seem a bit overwhelming initially, but don’t worry! With the right legal guidance, it’s much simpler than it appears, and the process continues to evolve with legislative updates in 2025.
In ACT, the key body to familiarise yourself with is Access Canberra. They regulate all incorporated associations in the territory. But before you dive into the paperwork, what is the first thing you need to do?
1. Make Sure You Are Eligible
Before lodging any applications or registering with Access Canberra, ensure that your organisation meets all the relevant eligibility requirements.
To set up an incorporated association in ACT, your group must have at least five members and operate strictly on a not‑for‑profit basis. This means you cannot:
- Trade for a financial benefit
- Hold shares for members
- Hold property where members have a personal financial interest
If you satisfy all these requirements, you’re ready to move on to step 2!
2. Pass a Resolution
The next step is to pass a resolution (or majority decision) within your group. This ensures that someone is authorised to submit the application to Access Canberra on behalf of your organisation.
3. Lodge Your Application with Access Canberra
Now comes the main step – it’s time to lodge your application. This stage is relatively straightforward once you have everything in order.
You will need to fill out the Application to Incorporate an Association form and pay the required fee. Make sure to include the following details:
- Your organisation’s name
- Your organisation’s purpose(s)
- Your organisation’s proposed rules
- Details of your committee members and the designated public officer
If you need assistance ensuring the form is completed accurately, Sprintlaw is available to help you avoid any pitfalls or mistakes.
4. Wait for Access Canberra to Respond
Once you’ve submitted your application, the next step is to wait for Access Canberra to review it. Provided everything is in order, they will approve your application and issue a certificate of incorporation – congratulations!
If any issues arise with your application, Access Canberra will contact you to discuss the necessary amendments.
What Laws Should I Be Aware Of?
In ACT, your incorporated association is regulated by the Associations Incorporation Act 1991 (ACT). This legislation outlines several key compliance requirements, including:
- Nominating a public officer – the designated contact person for the organisation
- Establishing a committee with at least three members to manage the organisation in accordance with your rules
- Choosing a name for your organisation that does not conflict with names already registered on the ACT or ASIC business names registers
- Drafting rules for your organisation – you may opt to adopt the ‘model rules’ provided under the Act
- Clearly defining your organisation’s purposes
As reforms continue into 2025, it’s wise to periodically review your governing documents to ensure ongoing compliance with any amendments to the Act. For more guidance, our Business Set‑Up Guides provide updated advice tailored for NFPs.
Where Can I Get the Right Legal Help?
Setting up an Incorporated Association in ACT can be tricky if you’re not familiar with the process. At Sprintlaw, we offer comprehensive packages designed to make your incorporation process simple and stress‑free. Our expertise extends to assisting with your application to Access Canberra and advising you on the latest fees and regulatory changes as of 2025.
We also provide packages to help set up an Incorporated Association in other states across Australia. For more detailed, state‑specific guidance, explore our various state-based guides to ensure you are fully updated.
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. And while you’re here, feel free to browse our other resources such as our business structure guide to gain further insights into setting up and managing your legal obligations.
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