Company Details
The only way to check whether the name is truly available is via a trade mark search (see link at bottom of form)
(see notes over, default amount of $10 applies if none selected)
(if applicable)
(if not Australia)
Company Officers and Members
IMPORTANT: Full, verifiable name and address details are required.
To be chairman
(Town/State/Country)
 
(Town/State/Country)
 
(Town/State/Country)
 
(Town/State/Country)
 
(Town/State/Country)
*Providing TFNs is optional, but will benefit ABN/TFN applications.
Additional Members
IMPORTANT: Full, verifiable name and address details are required.
Additional Information/Special Instructions
Declaration
(Print Name)
,
 
the applicant, declare that I hold the consents by each officer and member of the company as required by s117(2), and where the company name is identical to a registered business name, I declare that I make this application for the company name as, or as a professional advisor of and with the authority of, the registered owner/s of the above identical business name/s and authorise Acis Services Pty Ltd to make an application for company registration as my agent.
 
Payment Details
$
*3% SURCHARGE APPLIES
 
Note on Public Companies Limited by Guarantee
Unlike a company limited by shares, a company limited by guarantee does not have a share capital. Its members are admitted by the company in accordance with its admission rules (if any) and each member “guarantees” the payment of a set amount towards the payment of the company’s debts in the event that the company is wound up. This guarantee applies to each member while they are members and for a period of 12 months after they cease being a member. Unless otherwise requested the guarantee amount inserted into the Acis Constitution will be $10.00.
As the name suggests, this type of company is a public company and, therefore, must comply with the requirements set out for public companies in the Corporations Act 2001. For example:
  • the company must have at least 3 directors at all times (two of whom must be an Australian resident);
  • the company must have an Australian resident secretary at all times;
  • the company is prohibited from distributing dividends to its members;
  • the company may be required to have its financial statements audited each year;
  • the annual levy imposed by ASIC is $1240.00 (except a charitable purposes only);
  • a copy of the company’s constitution and any amendments to it must be lodged with ASIC.
This form of company is commonly used for sporting clubs and not for profit organisations and is the vehicle generally preferred to attain special tax treatment.
Charitable Purposes Only
In order to access concessions available to Charities, your not for profit company must be registered by the Australian Charities and Not-for-Profits Commission (“ACNC”) as a Charity. One requirement for registration is that the company’s constitution must contain provisions which require it to pursue charitable purposes only and to apply its income in promoting those purposes. It must also prohibit the company from making distributions to its members and paying fees to its directors and requires its directors to approve all other payments the company makes to them.
In order to do this, the company’s constitution must contain a statement of the company’s objects (i.e. what it is that the company is established for and the activities it will undertake to achieve those objects). The company’s objects must comply with the ACNC and ATO guidelines for such organisations.
If your company intends to apply for registration with the ACNC as a Charity or Not-for-Profit company, please provide us with a statement of the company’s objects with your order.
Please note that Acis does not provide advice in relation to the content of any statement of objects and particularly as to whether any such statement will comply with ACNC, ATO or Corporations Act requirements or as to whether the company is eligible to be registered as a Charity or Not-for-Profit organisation.
Once a company is registered with ACNC as a Charity or Not-for-Profit company, the ACNC will advise the ATO and ASIC that the company is a Charity and this will permit the company to access the taxation and other concessions available to Charities.
Alternatively, if the company does not intend to apply for registration with ACNC, no statement of objects is required, although one may be inserted if desired.
Where a statement of objects is included in the constitution, the company must only act in accordance with those objects.