- changes in size
- changes in membership
- changes in assets
- changes in location of operation, or
- registration as a charity
Don’t know your legal structure?
To find out your organisation’s legal structure:
- If your organisation is a charity, search the ACNC register. Once you have found your organisation’s entry, you can check your rules or constitution which should state the type of legal structure. You can search by name and by ABN or ACN.
- If your organisation is not a charity, search the Australian Business Register search. You will need the name and ideally the ABN or ACN of your organisation. If your group is a company limited by guarantee, this will be indicated in the entry as an ‘Australian public company’. If your group is a state-based not-for-profit structure such as an incorporated association or a co-operative, it is likely that the ABR will list it as 'other incorporated entity'. You will then need to search your state or territory regulator of not-for-profits to confirm your structure. Each state and territory has a register of associations which are incorporated in that state or territory.
- why an incorporated association would consider changing structure
- how a transfer of structure can be achieved, what a transfer does, and how membership changes when transferring structures, and
- what documents must be lodged
More information
For more information on the differences between incorporated associations and companies limited by guarantee, go to our resources on Choosing a legal structure.
