The law relating to charities and not-for-profits is under constant change with the introduction of the ACNC changing the regulator of some organisations from ASIC and ATO to the ACNC, and adding complexity on the role of boards and management committees. There have also been a number of cases impacting on this area, which have changed how a charity may operate including undertaking commercial activity without affecting their status.
We have been concentrating in this niche area of the law for many years (see About Us for information about Lesleigh Mayes) and are experienced in matters such as:
- Advice about the appropriate legal and tax structuring and restructuring
- Should it be a for-profit or a not-for profit body
- Should it be incorporated or a trust
- Who should control/ govern it
- liability issues
- Review of membership or governance models
- Compliance – legal and tax, ACNC, ATO
- Identification and management of risks for boards for example conflicts of interest
- Preparation and updating of governance documents
- Enhancing skills and knowledge or board eg duties of directors, ACNC requirements, ATO requirements
- Does your board understand the meaning of not-for-profit and what might be considered to be private benefit?
- Does your board understand what a conflict of interest is and how to manage them as they arise
- Do the management committee members know when they could be personally liable for their decisions on behalf of the association
- Do you understand whether you are liable for a decision made by a delegate?
- Fund raising requirements and compliance
- Australian consumer law and charities
- Establishment of not-for-profit, charitable entities and trusts
- Issues relating to restructure
- Transition from an association to a public company
- Preparing for commercialisation e.g. NDIS
- Separating activity e.g. PBI activity from other activity
- Separating risk eg assets from risks of loss of a new business
- Up to date practical relevant advice about changes to the law about charities and not-for-profits
- Review of compliance with legislation/ regulators requirements ACNC, ASIC, OFT, Fair Trading NSW, OSR
- Tax advice for not-for-profits and charities
Preparation and amendment of governance documents – constitutions, rules, policies, terms of reference, charters, by-law.