- Introduction
- Setting up an incorporated legal structure
- Setting up an unincorporated organisation
- Other issues to consider when setting up an organisation
- agree that the group will operate on a not-for-profit basis, and
- decide whether the group should incorporate
Remember
A not-for-profit organisation is an organisation that operates for its purpose and not for the profit or gain (either direct or indirect) of its individual members. For more information, see our resources on what not-for-profit means.
For more information on incorporation and whether your group should consider incorporating, go to our resources on the incorporated decision.
- whether to get an Australian Business Number, tax file number, business name registration and insurance
- charity registration and tax concessions
- decide which incorporated legal structure will suit the group's aims and activities best, and
- hold a meeting to get members’ approval to incorporate
More information
View our resources on structuring and setting up an incorporated legal structure, including:
- Incorporated association
- Company limited by guarantee
- Co-operative
- Indigenous corporation
More information
View our resources on structuring and setting up an unincorporated organisation.
- getting an Australian Business Number (ABN)
- getting a tax file number (TFN)
- registering a business name
- getting insurance
- what tax concessions are available, and
- how your organisation will work with others (including recruitment of employees and volunteers)
- apply for endorsement as a deductible gift recipient (DGR), or an income tax exempt charity (or both)
- claim GST credits (by voluntarily registering for GST)
- register an Australian domain name
- apply to register a business name (see below)
- interact with government departments, agencies and authorities (for example, with the ATO about fringe benefits tax), and
- deal with businesses more easily (especially for ordering and invoicing purposes)
More information
More information on ABNs, including who may apply, is set out on the Australian Business Register’s website. You can make an application for an ABN online on the Australian Business Register website.
You can check whether an organisation has an ABN by searching the Australian Business Register. You will also be able to see details of any tax concessions that the organisation receives.
- lodge an application for refund of franking credits for your charity or deductible gift recipient, or
- contact the Australian government to ask about your organisation’s income tax affairs
- by applying for a TFN at the same time they apply for an ABN (see above), or
- if your organisation already has an ABN and later decides you need a TFN – by applying online on the Australian Business Register.
- you operate a company and want to conduct your operations under a name that is different to your company name, or
- you conduct business under a name other than your own
- Joe Kerrigan trading as Joe Kerrigan does not need to register a business name
- Joe Kerrigan Pty Ltd trading as Joe Kerrigan Pty Ltd does not need to register a business name, but
- Joe Kerrigan Pty Ltd trading as Kerrigan Towing Services must register Kerrigan Towing Services as a business name
- in the form of a profession, a trade, employment, a vocation or a calling
- in the form of an adventure or concern in the nature of trade, or
- on a regular or continuous basis, in the form of a lease, licence or other grant of an interest in property
- whether the name is identical, or nearly identical to, an already registered company or business name. (If it is, you will need to choose a different business name)
- whether the name is identical to or nearly identical to a current trade mark by searching IP Australia’s trade mark database. (If it is, you will need to choose a different business name), and
- whether any domain names you’d like to register are available
More information
On requirements to register a business name, visit the ASIC business names information portal.
Note
Registering a business name doesn’t give you ownership over that name and doesn’t automatically stop other traders using that name. It does, however, prevent someone else from registering that name as a business name. If you want to use the business name exclusively for your goods or services, you should conduct appropriate intellectual property searches to confirm whether it’s available. If the name is available, you should consider taking steps to protect intellectual property rights in the name. This may involve registering the name as a trade mark. See our resources on intellectual property for more information. You may need legal advice on this issue.
For more information, view our resources on insurance.
For more information, view our resources on registering as a charity.
For more information, see our resources on working with other organisations.