The media guide provides journalists with an overview of the ACNC’s role as the national regulator of charities, explains what information we can provide to the media and the public, and answers some frequently asked questions.
The ACNC has a range of policies and procedures to support us in achieving our objects. The following policies and procedures are provided to guide charities and the public on how we make important decisions.
A proprietary company limited by shares can be registered as a charity as long as its governing document makes clear that it must operate on a not-for-profit basis, and that it does not allow shareholders to receive private benefits.
However, any governing document generally appropriate for a proprietary company limited by shares will need significant amendments for it to also be appropriate for use if that organisation seeks registration as a charity with the ACNC.
Charities must be for the public benefit, meaning they must benefit the general community or a section of the general community. A charity may only confer private benefits if those benefits are incidental or ancillary to achieving its charitable purpose. An organisation that exists solely for private benefit cannot be a charity.
The issue of possible private benefits can also raise concerns in relation to conflicts of interest. ACNC Governance Standard 5 requires charities to take reasonable steps to ensure their Responsible People comply with a range of duties – these include acting honestly and in the best interests of the charity, and disclosing conflicts of interest.