What is incorporation?
Incorporation is the process of making your club or organisation a legal association. Even though there is no legal necessity for a voluntary organisation such as a tennis club to become incorporated, it is recommended.
Why is it a good idea?
Incorporation enables your Club to:
- Apply for government grants
- Be eligible for the National Court Rebate Scheme
- Protect individual members of an organisation from legal liability
- Enter into enforceable contracts
- Enter into lease agreements
How does the incorporation process work?
The details provided below are from an extract obtained from: Consumer Affairs-incorporation
Steps to incorporation:
- Call a meeting of the members to decide who will fill the roles of the Committee (Secretary, Public Officer, President, Treasurer)
- Vote upon and approve the association’s name
- Approve the constitution/rules – associations are governed by a set of rules. They can create their own or adopt the Model Rules
- Complete and lodge the Application for Incorporation
- Lodge the form together with the constitution/rules and the fee
- Forms can be lodged:
It is essential that your club has a Constitution. This provides a basic framework to assist in the daily running of your club, and offers members and club committees with some certainty about roles, responsibilities, rules, and decision-making authority.
What, Why & How?
- The Constitution is a set of rules or guidelines outlining how the association and its members should operate
- Consumer Affairs and Fair Trading provides a template constitution, known as the Model Rules
- Associations can either adopt or amend the Model Rules
- Amending an association’s constitution is done through the passing of a Special Resolution
- This is where the association advertises its intent to make changes to its constitution and then holds a Special General Meeting to vote on the changes. If three-quarters of the members present at the meeting vote in favour, the changes are passed
- The Public Officer is required to notify Consumer Affairs and Fair Trading of the amendments within one month by lodging a Notice of Special Resolution, and attaching a copy of the changes
- Members are expected to abide by the association’s constitution
- Consumer Affairs and Fair Trading does not have the authority to investigate a breach of an association’s constitution, or any dispute that may arise between members
- Any dispute or issues should be dealt with internally or by seeking independent legal advice.
For useful additional information on incorporation and constitutions, see Sport & Recreation Tasmania