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When making an application for incorporation please consider the following information.
Meeting of members
- Authorise a person to make the application for incorporation. The role of this person is to complete and sign the necessary forms and to lodge them with this office.
- Obtain the consent of the person who will be the association's first public officer. (An information sheet outlining the role of a public officer is available from our website). The person who consents to be the first public officer can also be the person authorised to make the application if that is what the meeting wishes.
- Approve the name of the association. The name selected should reflect the association's nature, objects and purposes. If there is a problem with the name selected the matter will be taken up with the lodging party.
- Approve the rules. The proposed rules should be considered as to whether they will cater for the activities of the particular association and comply with section 23A of the Act.
Complete the forms
Forms 1 and 2 need to be completed. Every item must be completed. The name of the association must appear exactly the same on both forms and as it appears in the names clause of the rules.
Item 3 of Form 1 seeks information about the purpose for which the association is being formed. A wide range of not-for-profit associations including sporting and religious bodies are eligible for incorporation. Section 18 of the Act sets out the eligibility criteria.
Form 2 must be signed and declared before a Justice of the Peace. The endorsement set out at the foot of the form must be written or typed on the copy of the rules and then signed by a Justice of the Peace.
The rules must be clearly printed or typed on single sheets of A4 size white paper.
Lodge the forms and rules
The fee payable is set out on Form 1. It may alter in July each year.
Check that the forms are fully completed and that the other matters discussed in Step 2 have been met. The proposed rules and checklist of proposed rules must accompany Forms 1 and 2. If the documents are deficient they will be returned to the lodging party.
Normally you can expect to receive the Certificate of Incorporation in about 14 days.
The name of the association must be used on all documents and correspondence and on its common seal exactly as it appears on the Certificate of Incorporation, except that “Incorporated” can be abbreviated as “Inc.”.
You can obtain a common seal from a rubber stamp maker listed in the Yellow Pages.
Legal advice and assistance
Some associations may wish to consider obtaining legal advice. A solicitor will be able to assist in preparing rules and completing the forms and if you have doubt as to whether you can determine your organisation's income tax status or other tax obligations he or she will be able to provide you with advice on those issues.Summary
- Obtain a copy of the Associations Incorporation Act 1985 and Regulations (from Service SA) plus an example set of rules
- At a meeting of members authorise a person to make the application for incorporation and appoint a public officer
- Obtain form 1 and form 2 and a checklist of rules
- Lodge the completed and signed forms along with a copy of your set of rules and checklist of rules at Consumer and Business Services.
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