Not-for-profit (NFP) organisations have a unique set of legal needs thanks to the complex rules and regulations that govern this sector. Specialist advice on your legal structure, policies and procedures can help the day-to-day operations of your organisation run more smoothly.
If you are establishing a not-for-profit, our timely advice can help you start out on the right foot with an appropriate legal structure for your objectives and scope of operations. We are mindful that reputation and transparency are critical to the success of your NFP, and will help you craft a strong culture of compliance to set you on the right path.
NFP organisations must comply with regulations set by the Australian Charities and Not-for-Profit Commission (ACNC). We will draft suitable governing documents to support your application to ACNC or to support your existing organisation, including Memorandums of Understanding, service agreements with local and overseas partners, charity money management plan, conflict of interest policies and financial risk management policies.
Depending on the nature of your organisation, you may also require specialist policies, such as an anti-bribery and anti-corruption policy, anti-money laundering and counter-terrorism, child protection policies, a cross-border movement of funds policy for Austrac purposes, project proposals, activities evaluation and monitoring procedures, working with vulnerable people, employment and volunteers, or policies and procedures to disqualify and remove a disqualified person.
We offer advice on how you can comply, how to pass an assessment by the ACNC, and how to obtain a Deductible Gift Recipients (DGR) status with the ATO.
For organisations with projects outside Australia, our team can assist your NFP in obtaining a membership with the Australian Council for International Development (ACFID).
We have assisted many NFPs to successfully tender for government funds and obtain duty exemptions. If your NFP intends to pursue commercial activities or investments, our team will advise you on your legal requirements and the appropriate business structure.
Often, donors to (or recipients of) your NFP will want to leave a bequest to your organisation in their will. We can offer them legal advice on how to establish a charitable trust or word their bequest in a way that reflects their wishes in their will.
Our experienced team has years of legal expertise and practical experience, giving us unique insight that informs our strategic advice.
Choosing the correct business structure for your NFP
Drafting governing documents including a Constitution, Memorandum of Understanding and service agreements
Drafting policies and procedures to help with your day-to-day operations and ongoing compliance obligations
Advising your Board on their roles and responsibilities and supporting them to carry out their duties
Helping you to pursue commercial activities and investments without compromising your legal or compliance obligations
Establishing a charitable trust or advising potential donors on how to word a bequest clause in their will
Advising on compliance obligations required by the ACNC
Helping you obtain Deductible Gift Recipient (DGR) status from the ATO