At Corney & Lind, we believe our values set us apart from the other law firms. Our core values are attention, care and integrity and we believe that these values will help ensure you, the client, receive the best advice possible be it local or abroad.
Our Australian Charity and Not for Profit lawyers have decades of experience in delivering specialised legal advice in the charitable and not for profit sector Australia wide. We ensure that we are up to date with all aspects of non profit law and how the law specific to this sector might affect our clients.
Non Profit and Charity Law Service
If you are a 501(c)(3) public charity or non profit organisation (like a church association, para-church ministries, other charities) based in the United States of America and desire to set up or expand your existing charity or non profit organisation to Australia – we can assist you.
The process of establishing a charity or NFP in Australia is straightforward.
- Establish a company limited by guarantee. This includes drafting a Constitution, Director/Member Consents, preparing company registration documents, registering with ASIC and sending a secretarial folder.
- Apply for an ABN for the company;
- Apply to the ACNC for registration as a charity;
- Apply to the ATO for endorsement as a tax concession charity; and
- Apply to the Office of State Revenue for registration as a charitable institution.
Our Experience & Difference
Although the process itself appears simple, there are many pitfalls for someone who does not have a grasp of the Australian legal system, specifically the not for profit sector.
Any international charity and not for profit seeking to enter the Australian market must comply with the regulations of the Australian Charities and Not for Profits Commission (ACNC). Our lawyers are up to speed with the new registration and reporting requirements of the ACNC and are regularly invited to deliver technical papers relating to Charity and Not for Profit.
Our experience in working with charities based in the United States has shown that charitable operations in the U.S. are set up differently to their Australian counterpart mainly due to the difference in legal requirement.
A simple example is the difference in not for profit terminology used. In the U.S., the word ‘Trustee’ is the equivalent to what we call a ‘Director’ in Australia. It may seem a minor difference, but it can have a significant impact legally.At Corney & Lind we know the requirements for overseas clients who want to start a charity in Australia and as such we are able to provide you with an accurate time line. We will ensure that our U.S. clients know all the requirements necessary for the Australian process, either individually, or by working alongside their U.S. Attorney.
We believe that despite the geographical difference, our clients can have a hands-on approach when it comes to cross-country legal matters. We walk our client through the process, ensuring that they know what we are doing and also how we are doing it. This knowledge-share helps them make future decisions for the charity not for profit organisation and gives them peace-of-mind through the process.
Our expertise seeks to make order of what can often appear a chaotic process – and deliver a Just Redemptive Outcome®.
Contact our Australian lawyer (based in California) for an introduction
Natasha Duff (Senior Lawyer) is our Australian lawyer (Australian legal practitioner) based in California, USA.
If you need assistance with Australian Not for Profit law, contact her for an efficient facilitation of your matter. Email: firstname.lastname@example.org
Within the U.S. Call TOLL FREE on 1877-258-9064
(Monday-Friday 8:30am – 2.30pm PST)
Fundraising Regulation 101
Are Australian regulations too complex?
Our essentialguide contains everything you need to navigate state-by-state fundraising regulation.Take a look