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Are you thinking of Setting Up An Incorporated Association In South Australia? Well, we’ve got you covered.
Setting up an incorporated association has a slightly different process for each State or Territory in Australia. So, if your association is operating in South Australia, you’ll need to understand the relevant laws and regulations so you can make sure you are compliant from the outset (and that you meet your obligations after you’ve incorporated, too!).
In South Australia, the body that regulates incorporated associations is Consumer and Business Services (CBS), so you’ll need to apply with them. You’ll also need to familiarise yourself with the key provisions contained in the Associations Incorporation Act 1985 (SA) as this sets out the rules you’ll need to comply with as an incorporated association.
Where Do I Start?
The process for setting up an incorporated association in South Australia can be overwhelming, but it doesn’t have to be. Let’s go through each step.
1. Nominate A Public Officer
An incorporated association needs to have a public officer at all times. This person will essentially be the ‘contact person’ of the organisation, and will need to give their details to CBS.
2. Choose A Name For Your Organisation
When it comes to choosing a name for your organisation, you need to make sure it doesn’t already exist as a business name on ASIC’s business register.
You’ll also need to ensure that you use the word ‘Incorporated’ or ‘Inc’ at the end of the name – this just lets people know that you are protected by limited liability.
3. Create A Set Of Rules
If you’re not new to the world of running a business, then you would know about the importance of a company constitution. Well, the same thing applies here.
It doesn’t have to be called a constitution, but the concept remains the same. You need to have a set of rules that govern your internal affairs and set out details about meetings and your committee (if you want to know more about what your rules are required to cover, have a look at section 23A of the Act).
If you don’t want to write your own rules, you can also use the ‘Example Rules’ offered by CBS. However, it’s worth chatting to a professional to ensure that these Example Rules are appropriate based on the nature and structure of your organisation.
4. Decide On Your Organisation’s Purpose
To set up an incorporated association, you need to have a purpose that falls into one of the following categories:
- Religious, educational or charitable purposes
- Sports or recreation
- Medical treatment
- Political purposes
Note that these aren’t the only purposes available. Have a look through section 18(1) of the Act to find more.
5. Lodge Your Application
Similar to the process required in other states, an association needs to authorise someone to lodge the application.
This usually involves completing an Application for Incorporation of an Association form, then sending your set of rules to CBS.
In addition to this, you’ll need to pay a fee of $220.
Need Help Applying?
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 South Australia. 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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