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Governing Documents

Once a structure is decided upon, the relevant documentation needs to be prepared to establish that organisation.

For an incorporated association this is referred to as its rules.  For a company – a constitution.  If the organisation is established as a charitable trust – a trust deed will be required.  These are generically referred to as an organisation’s constituent documents.

Regardless of structure of the organisation, the constituent documents need to set out the purpose, often called the "Objects", for which the organisation exists.  This must be consistent with one or more of the charitable purposes set out in the Charities Act 2012 (Cth).
What is a Charity?

 

The constituent documents should also set out:

* the powers and duties of the members, directors, management committee (as relevant);
* the procedures for call and holding meetings;
* details concerning finances, financial management and any auditing requirements; and
* any other clauses concerning the proposed status of the organisation and a charity, a deductible gift recipient (if relevant) and any conditions associated with any such endorsements or registrations.

Neumann & Turnour Lawyers are able to assist with ensuring that the constituent documentation is consistent with all such requirements as well as consistent with the requirements of any legislation governing the operation of such a structure (such as the Corporations Act 2001 (Cth) or the Associations Incorporation Act 1981 (Qld) where relevant). Most of all, Neumann & Turnour can help your organisation express these legal objects while giving expression to your unique culture, values and beliefs: be they religious, welfare, educational, environmental or otherwise.