Factsheet: Registrable Australian bodies and the ACNC

This factsheet explains changes for registrable Australian bodies that are registered with the ACNC

Attention - Important information!If your organisation is a company limited by guarantee, read our factsheet on companies limited by guarantee and the ACNC. If your charity is a proprietary or foreign company, read ASIC’s guidance on the changes.

Australian registrable bodies

Some charities that are incorporated under a state or territory law (for example, incorporated associations) can register with the Australian Securities and Investments Commission (ASIC) so they can carry on business in more than one Australian state and territory. These charities are called ‘registrable Australian bodies’ under the Corporations Act 2001 (Cth).

ACNC registration

Attention - Important information!If your charity was endorsed to receive charity tax concessions before 3 December 2012, it will be registered with the ACNC as a charity as well as with ASIC. You can check the ACNC Register to see if your charity is registered with us. We’ve also put together a list of charities registered with the ACNC and ASIC (including registrable Australian bodies), available on the ASIC website.

If you think your charity should be on this list but it is not, please let ASIC know.

Changes for registrable Australian bodies that are also registered charities

The ACNC will now be your main regulator. Most of what you reported to ASIC previously you now need to report to the ACNC, and most of this information will be published on the ACNC Register. This change was made to reduce regulatory duplication for charities.

The changes only apply while your charity is registered with the ACNC. If your charity stops being registered with the ACNC, we will tell ASIC and your previous obligations under the Corporations Act will begin again.

Your obligations to notify ASIC of changes no longer apply, but all other obligations remain.

Report to the ACNC instead of ASIC

Notify ACNC of changes

Instead of notifying ASIC, you must notify the ACNC of changes to your company details, including its ‘Address For Service’, directors (we call these ‘Responsible Persons’) and constitution (which we call governing documents). These changes apply from 3 December 2012.

Submit Annual Information Statements

Like all other registered charities, you now have annual reporting obligations to the ACNC and must submit an Annual Information Statement. 

Submit financial reports (if needed)

If your charity has annual revenue of more than $250 000 (which makes it a medium or large charity under the ACNC Act), you will also need to submit financial reports to the ACNC for the 2014 reporting period onwards.

Attention - Important information!The ACNC is working with other government agencies to reduce duplicated or unnecessary regulatory obligations over time. In the meantime, and unless we tell you otherwise, your reporting to any other regulators continue to apply.

ACNC and ASIC registers

Most of the information you report to the ACNC will be published on the ACNC Charity Register, not on the ASIC Register. Since its establishment, the ACNC has been working hard to upload the information collected to make sure the ACNC Charity Register is up to date.

The ASIC Register may not be up to date for charities that are also registered with the ACNC. For details of charities registered with the ACNC, check the ACNC Charity Register.

The transition period

The ACNC and ASIC are working together to ensure a smooth transition for registrable Australian bodies that are charities. This will include arrangements for sharing information between ASIC and the ACNC so that we can both perform our functions. Read the memorandum of understanding (MOU) between ASIC and ACNC.

More information

For more information, read:

If your charity is a company limited by guarantee, read our factsheet on companies limited by guarantee and the ACNC.

If you still have questions, please:


 

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