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Incorporated Associations

How to Incorporate


Step 1 - Decisions to be made at the formation meeting
Step 2 - Complete the forms
Step 3 - Lodge the forms and rules
Legal advice and assistance

 

 

 

 

Step 1 - Decisions to be made at the formation meeting

 

  • Authorise a person to make the application for incorporation.  The role of this person is to complete and sign the necessary forms and lodge them with Consumer Affairs.
  • Obtain the consent of the person who will be the association’s first public officer.  The person who consents to be the first public officer can also be the person authorised to make the application.
  • Approve the name of the association.  The name selected should reflect the association’s nature, objects and purposes.  If there is a problem with the name selected the matter will be taken up with the person lodging the form.
  • Approve the rules/constitution.  The proposed rules should be discussed to ensure that they adequately cater for the activities of the association.
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Step 2 - Complete the forms

 

  • An application form should be completed.  The name of the association must appear exactly the same on the application as it appears in the organisations rules/constitution.
  • The name must have the abbreviation “Inc” or the word “Incorporated” at the end of the name.
  • The application requires information about the purpose for which the association is being formed.  These must be fully set out in the application.  A wide range of not for profit associations, including sporting and religious bodies are eligible for incorporation.  Section 2 of the Act sets out the eligibility criteria. 
  • The rules must be attached to the application and must be clearly printed on single sheets of A4 size white paper. 
 
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Step 3 - Lodge the forms and rules

 

  • A fee is payable when the application is lodged.  It may alter in July each year.
  • Check that the forms are fully completed and that the rules are stapled to the application form.  Incorrect applications will be returned to the lodging party.
  • Forms can be lodged in person at Service Tasmania or posted to Consumer Affairs.
  • The name of the association must be used on all documents and correspondence and on its common seal exactly as it appears on the Certificate of Incorporation, except that “Incorporated” can be abbreviated as “Inc.”.

    You can obtain a common seal from a rubber stamp maker listed in the Yellow Pages.
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Legal advice and assistance 
 
 

Some associations may wish to consider obtaining legal advice. A solicitor will be able to assist in preparing rules and completing the forms and if you have doubt as to whether you can determine your organisation's income tax status or other tax obligations he or she will be able to provide you with advice on those issues.

 
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