Association

An incorporated association offers a relatively simple alternative to forming a company for small non-profit groups such as charities and hobbyists along with sporting, cultural and recreational organisations.

Limited liability

An incorporated association offers similar advantages to a company in terms of limited liability for its members without the complex and expensive administration and set-up costs.

Legal structure independent of its individual members

Incorporation gives an association a legal structure independent of its individual members, which makes it easier to enter into contracts, buy and sell property, invest and borrow money and continue regardless of any changes in membership.

Unincorporated associations and personal liability

Not all associations are incorporated. Members and office-bearers of unincorporated associations may be held personally liable for any debts incurred by the organisation.

Membership, profits and tax

An association must have at least five members and any profit generated from trading must be put back into the association instead of being distributed among its members.

Given that members do not receive any financial gain from the association's income, the profits are not subject to tax which minimises reporting requirements and makes administration simple.

Advantages and disadvantages of an association

Advantages

  • Registration is inexpensive.
  • Simple to establish and operate.
  • Each member has the same voting rights.
  • Profits are not subject to tax.
  • An incorporated association can be established for any legal purpose.

Disadvantages

  • There must be a least five members.
  • Profits cannot be distributed to members - they must be applied to the objectives of the association.

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131 BIZ - The Small Business Specialists

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