Incorporated Association Application (NSW)

An incorporated association is a legal structure commonly used by not-for-profit organisations, such as community groups, clubs or charities. Incorporation gives the association a separate legal identity, which means it can enter into contracts, own property and incur debts in its own name rather than in the names of its members.

Key benefits include:

• Limited liability: members are generally not personally liable for the organisation's debts.
• Legal recognition: the association can operate as a distinct entity, making it easier to open bank accounts, apply for grants or take legal action.
• Perpetual succession: the organisation can continue to exist even if its membership changes.

Each state and territory in Australia has its own laws governing incorporated associations, so the process and requirements may vary depending on where you register.

No, an incorporated association is not a company. While both structures have a separate legal identity, they are designed for different purposes and operate under different laws.

• Purpose: incorporated associations are typically used for not-for-profit organisations such as community groups, clubs or charities. Companies are usually established for commercial purposes and can be either for-profit, such as Pty Ltd companies, or not-for-profit, such as companies limited by guarantee.
• Regulation: incorporated associations are governed by state or territory legislation, such as the Associations Incorporation Act, and regulated by local authorities. Companies are regulated by the Corporations Act 2001 and overseen by the Australian Securities and Investments Commission (ASIC).
• Reporting requirements: incorporated associations generally have simpler reporting obligations than companies, which often have stricter compliance and reporting requirements.

Choosing between these structures depends on the organisation’s goals, size and operational needs.

To set up an incorporated association in NSW, follow these steps:

• Confirm eligibility: Your organisation must operate for a non-profit purpose and have at least five members. You’ll also need a management committee and a public officer who lives in NSW.
• Choose a name: Select a unique name ending with “Incorporated” or “Inc.” and check its availability through the NSW Incorporated Associations Register.
• Prepare a constitution: You can adopt the Model Constitution provided by NSW Fair Trading or create a custom one that meets the requirements of the Associations Incorporation Act 2009.
• Hold an authorising meeting: Approve the association’s name, adopt the constitution, and appoint the management committee and public officer.
• Submit your application: Lodge the Application for Registration of an Incorporated Association with NSW Fair Trading, including your constitution and the required fee.
• Receive your certificate: Once approved, you’ll receive a certificate of incorporation confirming your association’s legal status.

For more details, visit the NSW Fair Trading website.

We’ll submit an application to set up your not-for-profit organisation as an incorporated association. This package includes:

• An initial consultation with a Sprintlaw lawyer
• A template constitution, including a charitable purpose for your organisation
• Applying to register 1 incorporated association with the relevant government body in your state or territory
• Electronic records of all key registration documents, if your application is successful
• Optional: You can register an ABN once your application is successful. As a complimentary service, we can assist in applying for an ABN for your NFP if the application is approved within 2 weeks of submission. In some cases, your application may be delayed by up to a couple of months. If that happens, we leave the ABN application to you while you wait for a response, but we can provide guidance.

This package does not include bespoke drafting for your constitution or further assistance if your application is unsuccessful or has any issues. We cannot guarantee the success of your application. If you need help beyond this scope, we will need to set up a new project.

Our Incorporated Association Application (NSW) package is priced at $1,100 + GST, excluding government fees. Government fees are additional and may vary depending on the specific requirements of your application.

Our law firm operates completely online, so we can help you wherever you are in Australia. We work from The Commons Central, a co-working space in Chippendale, Sydney, but our lawyers often work flexibly across different locations.

We handle everything by phone, email and video call, so you never need to visit an office. Once you request a quote, one of our legally trained consultants will get back to you within one business day with a fixed-fee proposal. If you accept, we will pair you with a specialist lawyer who will guide you through the process. All documents are delivered digitally, and you can communicate with your lawyer in the way that suits you best. It is the same quality legal advice you would get from a traditional firm, just without the commute, hourly billing surprises or the formality.