Charities and associations.
WHAT THE OPTIONS ARE
Incorporated trustees, under the companies legislation A company limited by guarantee An unincorporated association
WHAT INCORPORATED TRUSTEES PROVIDES
Legal personality for the association The ability to hold property Perpetual succession
WHAT IT REQUIRES
Trustees A constitution Publication of the intention to register Approval
WHY PUBLICATION
It allows objections.
WHAT A COMPANY LIMITED BY GUARANTEE IS
A company with members guaranteeing a nominal amount rather than shareholders.
WHAT IT REQUIRES
Ministerial consent, in addition to the usual requirements.
WHY THAT MATTERS
It adds substantially to the timeline.
WHAT EITHER STRUCTURE OBLIGES
Annual returns Proper accounts Governance per the constitution
WHAT ADDITIONAL OBLIGATIONS MAY APPLY
Registration with agencies overseeing non-profits Reporting on funding, particularly foreign funding Sector-specific requirements
WHAT TO ESTABLISH
What applies to your activities.
WHAT DONORS TYPICALLY REQUIRE
Registration documents Audited accounts Governance documentation Evidence of tax compliance
WHAT TO BUILD EARLY
Proper records, because funders examine them.
WHAT TO KEEP
Constitution, trustee records, minutes, accounts and filings.
