NFP Resources

Our lawyers understand the unique legal challenges faced by not-for-profit organisations. Our aim is to help empower such organisations by providing access to useful and informative publications. Our not-for-profit lawyers prepare various information sheets for organisations in the not-for-profit sector throughout the calendar year.

Not-for-profit AGM Toolkit

The AGM Toolkit is a practical legal guide for charities and not-for-profits that outlines the key requirements with respect to holding AGMs. It guides organisations through the issues arising before, during, and after the AGM, and includes a template notice of meeting to get you started.

The AGM Toolkit can be found here.

Not-for-profit Merger Toolkit

Not-for-profit mergers can be very rewarding, but require significant time and resources in order to be carried out successfully. While this can be intimidating to charities and not-for-profits, such organisations are increasingly discovering how effective mergers can be in remaining competitive in the dynamic not-for-profit sector. This not-for-profit merger toolkit reflects our experience and the current literature in the area. It will provide you with a good background in order to understand the various forms that mergers can take and the processes that are required.

To access our recently updated Not-for-profit Merger Toolkit 2.0, please click here.

Checklists

Not-for-profit Merger Checklist

We’ve created this comprehensive checklist to help you prepare for a merger. It contains all the factors that you must consider, including the concept phase, exploration, due diligence examination and a preliminary integration plan.

To access our Not-for-profit Merger Checklist, please click here.

Not-for-profit Tax Checklist

Are you a not-for-profit organisation? Do you have questions about whether your entity has to pay income tax? Questions with regard to tax, and whether or not your organisation qualifies for tax exemptions, can be difficult. This checklist will provide you with guidance on whether or not your organisation is exempt from paying income tax.

To access our Not-for-profit Tax Checklist, please click here.

Not-for-profit Constitution Checklist

A constitution is the document that governs how charities and not-for-profits operate. Over time, it is common for not-for-profits’ activities to change. As a result, it is important to review your constitution to ensure it still reflects your not-for-profits’ objects and activities. However, it can be difficult to know where and how these changes should be made. This constitution checklist is a guide to inform you about areas that are most susceptible to change, and where particular attention needs to be paid when undergoing a review of your constitution.

To access our Constitution Checklist, please click here.

Innovative Decision Making Checklist

Directors are regularly faced with difficult decisions which require quick thinking, problem solving, and most importantly, innovative decision making. However, directors must also ensure their decisions comply with their organisation’s governing document (i.e. constitution), with director’s duties prescribed by statute, and with any other legislation that may be relevant to their decisions. Complying with legal obligations and also making innovative decisions is not an easy task. To help you with this, we have prepared this short Innovative Decision-Making Checklist to assist you in making legally robust decisions.

To access our Innovative Decision Making Checklist, please click here.

Due Diligence Checklist for New Directors of Not-for-Profit Boards

Are you considering becoming a director of a not-for-profit board? This checklist will provide guidance as to what useful matters should be addressed and what important steps should be taken before making the big decision.

To access our Due Diligence Checklist for New Directors of Not-for-Profit Boards, please click here.

Grave Mistakes – Checklist

If you are an operator in the cemeteries and crematoria industry, it is important that you are familiar with the laws that pertain specifically to the industry, as enshrined in both case law and legislation. Our Grave Mistakes Checklist sets out those areas to which particular attention should be paid during any review.

To access our Grave Mistakes Checklist, please click here.

Working Together Checklist

The charity and not-for-profit (NFP) sector has undergone significant changes in the past decade, including the introduction of new and amended legislation and policies, changes in giving practices and increasing demand for services. In this changing environment, many NFPs are considering mergers and other collaborative arrangements as a means of reducing costs, increasing influence and, most importantly, providing the best possible service to their members and beneficiaries. This checklist is designed to help your organisation consider whether a merger is a desirable option for your NFP.

To access our Working Together Checklist, please click here.

Commercialising Your Not-for-Profit Checklist

In the currently changing not-for-profit (NFP) sector, commercialisation can represent a valuable tool in ensuring the long-term viability of NFPs. Commercialisation has the potential to provide increased funds, access to new knowledge and resources, broader social reach, increased opportunity for funding and grants, and a competitive edge. This checklist is designed to guide NFPs through some of the key questions that should be asked when considering commercialisation.

To access our Commercialising Your Not-for-Profit Checklist, please click here. 

Legal Compliance Checklist

In order to retain certain benefits, there are many regulators that not-for-profit organisations must report to and regulations that must be complied with. These benefits include charitable status, tax concessions and fundraising licences. This non-exhaustive checklist is designed to start not-for-profits thinking about their legal compliance.

To access our Legal Compliance Checklist, please click here.

Guides

Building a not-for-profit board – Australian Institute of Company Directors

Are you looking to be a director?

Do you require guidance as a would-be director of a Not For Profit board?

A handy guide published in Company Director February 2017 edition by Vera Visevic of Mills Oakley clearly sets out the priorities of what a diligent would-be director would look for when joining a Not For Profit board.

Guide to the Cemeteries and Crematoria Act 2013 (NSW)

This guide will help cemetery and crematorium operators in NSW understand the new Cemeteries and Crematoria Act 2013 and the new Cemeteries and Crematoria Regulations 2014.

Guide to the Funeral Funds Act 1979 and the Funeral Funds Regulation 2011

This guide explains those sections of the Funeral Funds Act 1979 and the Funeral Funds Regulation 2011 that relate to our members. It helps our members understand how and when they can take money for services which will be provided in the future.

Your simple English guide to Charity law in Australia

Partner Vera Visevic has written a chapter in the international book – “Charity Law, A global guide from practical law”. This second edition provides a high level practical overview of the global charity law sector, covering 20 key jurisdictions. It is an ideal starting point for charities and their advisers in navigating cross-jurisdictional charity law and practice. Access to Vera’s chapter on Australian law is being provided to you free of charge. This chapter tackles key issues and common questions in the charity sector. It provides historical background and current trends in Australian charity law, the legal definition of a charity, and the forms of charitable organisations. The chapter outlines common requirements when setting up a charity, including registration, regulatory requirements, and accounting and financial reporting requirements. Furthermore, it provides insight into tax concessions for charities and benefits for donors, the main disadvantages of charitable status, and how an Australian charity might operate overseas. The chapter concludes by discussing the potential reform of charity law in Australia, and by providing useful online resources.

 

For further information on any of these publications or to organise a consultation with one of our not-for-profit specialists, please contact our Charity and Not for Profit team.

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