Setting Up OpenAustralia to do list

Henare Degan edited this page Mar 10, 2011 · 1 revision

Table of Contents

become a Company limited by guarantee

as per information sheet A Company Limited by Guarantee in Australia must at least

Since the company is to be set up for charitable purposes as defined by The form 201 which has an entry for Section 150 companies and special purpose companies.

The form 201 it states that "The exception to the requirement for using ‘Limited' in the company name granted under s150 applies to public companies that are limited by guarantee only. ie no financial share component.

A Form 432 must be submitted with this application. There are three categories of special purpose company, one of which is not-for-profits, so we need to tick that box too. (No further forms required)

A Company Limited by Guarantee in Australia must at least have

3 directors and 1 secretary and at least 1 member for the Not For Profit Organisation which runs OpenAustralia

I propose:

  • Katherine Szuminska
  • Matthew Landauer
  • Helen Reynolds
secretary
  • ?
I suggest Nathanael Boehn as a member.

Directors' Liability Insurance

some info from insurance brokers here

A Constitution

Because we're going for Section 150, from the outset we need a constitution and can not operate under replaceable rules

More research to be done here. I found an example online from Vision Australia which would appear to cover the requirements of not-for-profit. However I've not found the specific guide for constitution wording which is apparently detailedon the ATO website. Its referred to in the ASIC website, but the link only goes to the top level of the ATO website, and a search for this constitution wording at the ATO website has so far drawn a blank.

A Place of Business

As a public company limited by guarantee we must

  • Have a registered office address and principal place of business located in Australia
  • Have its registered office open and accessible to the public (either 10-12 and 2-4 or 3 hours a day which must be specified at the time of registration.
  • Notification of changes need to be sent through to ASIC, I think this will incur a fee.

Put it together and what do you get?

fill in the forms 201 and 432

with details filled in as above & pay the scheduled fee:

  • 201L ~ Public company and s150 company $330
Assuming the application is successful, ASIC will then allocate an ACN number and we are in business!

Then We can

Register with the ATO

Apply for an ABN number with the ATO.

Tax Exempt Status

with the ATO Charities and other not for profits can benefit from tax exemption or tax concessions. Its necessary to be endorsed for tax exemption and register for tax concessions.

Tax Exempt Status

Endorsement to access charity tax concessions

Charitable Fundraising

?

DGR status

DGR status obtaining endorsement for DGR status

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