Interested in forming a group?

What's an incorporated structure?

An incorporated structure is an organisation that has separate legal status as a body corporate or company.

Why incorporate?

Unincorporated organisations are simply the sum of all individual members. Members of unincorporated organisations are responsible for any liabilities the organisation may occur as a result of its activities. When an organisation incorporates it becomes a legal person, separate from its members. Consequently the organisation has the legal powers and capacity as an individual and is able to:

• Own property in its own name without having to appoint its members as trustees;
• Sue or be sued in its own name;
• Enter into contracts in its own name and
•   Do most other activities that an individual can do.

Is incorporation suitable for your group or association?

The main factors to consider when deciding whether or not to incorporate are;

• Are the members willing to be fully liable for the activities of the organisation?
• Do the members want the entity to purchase property?
• Do the members want the entity to trade or make profits of the members;
• Is the organisation wanting to receive funding from government and non-government bodies?
•   Are the members willing to comply with the regulatory requirements of the relevant statute? and 
• Where is the organisation going to carry on business?.

For further information on incorporation, please contact Department of Consumer and Employment Protection (DOCEP) on 1300 304 074 or Click here to visit the website.