- Introduction
- Which incorporated legal structure should you choose?
- Incorporated association or a company limited by guarantee?
- Fundraising trusts and grant making foundations
- More information
- where your organisation is allowed to operate (ie. only in one state or across Australia)
- the costs of your organisation's operations
- who your organisation must provide information to (ie. a government regulator), and
- what kind and level (detail) of information your organisation must provide
More information
If you are setting up a social enterprise, go to our resources on social enterprises.
- incorporated associations
- companies limited by guarantee
- Indigenous corporations, and
- co-operatives
Caution
These are not the only structures available for not-for-profit organisations. For example, there are also charitable trusts, trade unions and companies limited by shares (although usually used for for-profit businesses). These fact sheets don’t cover these structures, but for more information on charitable trusts, see our fact sheet on fundraising foundations and charitable trusts.
- where the group will 'operate' or carry out 'activities'
- whether the organisation will seek charitable tax concessions or become registered as a charity
- whether the organisation will be able to pay initial and ongoing fees, and
- whether the organisation will be able to meet annual reporting, audit and review requirements
More information
Before reading the guides, it's important to think about whether your group will be (or will seek to be) a registered charity.
More information
Once you have decided on which incorporated legal structure, go to our resources on setting up an incorporated legal structure.
- what is a foundation?
- are there alternatives to setting up a foundation?
- where can you find an existing foundation?
For organisations interested in setting up a private ancillary fund, the Australian Tax Office (ATO) provides a model Private Ancillary Fund trust deed. To access the model trust deed visit the ATO website.
Getting Started Tool: A free online tool
Need help making key legal decisions? Our self-help tool will ask you a series of questions about your new organisation - in plain and simple English - and will help determine the best way forward.