News

Swaab launch­es fixed-fee char­i­ty estab­lish­ment service

Swaab Attor­neys is pleased to announce the launch of its new char­i­ty and not-for-prof­it estab­lish­ment service.

Swaab Attor­neys is pleased to announce the launch of its new char­i­ty and not-for-prof­it estab­lish­ment service.

The basics

From con­cept to cre­ation, the expe­ri­enced mem­bers of our Cor­po­rate team can help estab­lish the legal struc­ture for all sorts of char­i­ties, not-for-prof­its and even social enterprises.

For an agreed fixed-fee (so there are no nasty sur­pris­es at the end), our estab­lish­ment pack­age includes:

  • Ini­tial advice on the legal and reg­u­la­to­ry require­ments and process for estab­lish­ing your char­i­ty, not-for-prof­it or social enterprise

  • Work­ing with you to devel­op the char­i­ta­ble pur­pose / objects of your organ­i­sa­tion (to enable you to reg­is­ter as a char­i­ty with the Aus­tralian Char­i­ties and Not-for-prof­its Commission)

  • Prepar­ing the con­stituent doc­u­ments for your organ­i­sa­tion (eg con­sti­tu­tion or objects and rules, as applicable)

  • Estab­lish­ing the legal struc­ture for your organ­i­sa­tion with the rel­e­vant reg­u­la­to­ry authority

  • Apply­ing for reg­is­tra­tion as a char­i­ty with the Aus­tralian Char­i­ties and Not-for-prof­its Com­mis­sion and char­i­ty tax con­ces­sions* (if applicable)

We are hap­py to meet with you in per­son or dis­cuss any issues on the tele­phone to keep you informed every step of the way.

Free after-estab­lish­ment advice

In addi­tion to set­ting up and reg­is­ter­ing your enti­ty, we want to help you focus on pro­vid­ing front­line ser­vices – not wast­ing valu­able time deal­ing with unex­pect­ed legal or com­pli­ance issues. That’s why our estab­lish­ment ser­vice comes with up to two hours of free tele­phone advice after your enti­ty is established. 

You have up to six months from estab­lish­ment to access the free two hours of high-lev­el advice and you are wel­come to do so as and when you need it, across any num­ber of issues, until the full two hours have been utilised. For exam­ple, the types of advice that you might find par­tic­u­lar­ly use­ful dur­ing the ear­ly stages of your organ­i­sa­tion may include:

  • Vol­un­teer agree­ments and releases

  • Fundrais­ing and spon­sor­ship agreements

  • State-based fundrais­ing laws

  • Pri­va­cy law and dis­clo­sure requirements

  • Com­mer­cial agree­ments and contracts

  • Non-dis­clo­sure agreements

Why choose Swaab?

Swaab Attor­neys has a long and proud his­to­ry sup­port­ing a range of indus­try, com­mu­ni­ty and med­ical char­i­ties and asso­ci­a­tions with a mix of pro bono advice, resources and finan­cial support. 

Our lawyers have worked with some of the largest char­i­ta­ble organ­i­sa­tions in Aus­tralia and helped estab­lish numer­ous Aus­tralian-based char­i­ties oper­at­ing both domes­ti­cal­ly and abroad, such as a chil­dren with dis­abil­i­ties sup­port agency in Sri Lan­ka and an orphan­age in Ghana. Our team is well versed on the dif­fer­ent legal struc­tures avail­able for your char­i­ty, not-for-prof­it or social enter­prise and can help you deter­mine which struc­ture is most appro­pri­ate for your spe­cif­ic needs.

To get start­ed estab­lish­ing your char­i­ty, not-for-prof­it or social enter­prise or to sim­ply find out more infor­ma­tion on the process involved, please con­tact William Kon­taxis from our Cor­po­rate team on +61 2 9777 8367 or [email protected]​swaab.​com.​au.


*Our estab­lish­ment ser­vice includes apply­ing for income tax exemp­tion and GST and FBT con­ces­sions with the Aus­tralian Tax Office (if applic­a­ble), but does not include seek­ing endorse­ment for your organ­i­sa­tion as a Deductible Gift Recip­i­ent (DGR). If you wish to seek endorse­ment as a DGR so that your organ­i­sa­tion can receive tax-deductible gifts and con­tri­bu­tions, we are hap­py to refer you to a spe­cial­ist in this field. 

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