Starting an incorporated association

NSW Fair Trading will determine if the proposed name is acceptable.

A name will be unacceptable if it is identical or too similar to one that is already registered.

Visit naming your incorporated association for important information on checking name availability.

To reserve a name before applying for registration, lodge the Form A1 Application for reservation of name and pay the prescribed fee.

For more information, visit naming your incorporated association.

An incorporated association should have objects. These objects state the incorporated association's purpose and activities. Every incorporated association must have a constitution. It must address each matter in Schedule 1 of the Associations Incorporation Act 2009 (The Act).

They can adopt the Model constitution, a modified version of the model constitution as their own or adopt their own constitution. An unincorporated group may already have a constitution.

If so, it must ensure that the adopted constitution addresses all required matters.

See incorporated associations constitution for more information.

Registering a charity

If an incorporated association plans to register as a charity with the Australian Charities and Not-for-profits Commission (ACNC), its constitution must include the incorporated association's objects or purposes.

The Model constitution can be used as a base for an incorporated association's constitution, however, a clause listing the incorporated association's objects and purpose must be added.

Information about the ACNC's governing documents requirements is on the ACNC website.

Five or more individuals proposing to register a new incorporated association are each required to authorise the first public officer to apply for registration.

See the role of the public officer for more information.

If the group already operates as an unincorporated body, the application for registration must:

• be authorised by a special resolution passed by members
• include a copy of the special resolution with the application for registration.

The incorporated association's first public officer must lodge a Form A2 Application for registration of an incorporated association with the prescribed fee.

An application must include:

• the proposed name of the incorporated association
• a statement of the incorporated association's objects
• a copy of the proposed constitution or a statement that the incorporated association adopts the model constitution without change
• details of the incorporated association’s first public officer, and
• a copy of the special resolution authorising the application for registration. This is only if the application is on behalf of an existing unincorporated group.

Visit forms and fees for information on how to lodge the form.

What happens after you lodge an application for registration

Approved applications for name reservation and registration of incorporated associations are processed within 5 business days of receipt.

Once registered you will receive a certificate of incorporation.  

Once your incorporated association is registered

After registration, the incorporated association's first committee must manage the incorporated association's affairs. It must also ensure compliance with the Act.

The incorporated associations management committee checklist may assist in understanding the management committee obligations under the Act.

The first annual general meeting (AGM) for a new incorporated association must be held within 18 months from the date of incorporation.

After that, the AGM is held within 6 months after the close of the incorporated association's financial year.

Where an existing unincorporated body registers as an incorporated association:

• the rights and liabilities of the unincorporated body become the rights and liabilities of the incorporated association
• any property, including land, held on behalf of or in trust for the unincorporated body vests in the incorporated association.

Where land is held in trust for the unincorporated body, the incorporated association will need to lodge an application with the relevant Land Registry Service for the incorporated association. This records the incorporated association as the proprietor of land.

That application will need to be accompanied by:

• Form A5 Certificate of public officer as to vesting of property
• A certificate from the Secretary (the NSW Fair Trading Commissioner). This certificate shows that the incorporated association was formerly an unincorporated body.

A written request along with the required fee must be submitted to get this Certificate.

The incorporated association should check the relevant Land Registry Service for any other requirements.