Charities registered with the ACNC
The Australian Charities and Not-for-Profits Commission (ACNC) registers organisations as charities. These may include organisations registered with us including:
- public companies limited by guarantee – the most common type of company structure used by charities (and other not-for-profit purposes)
- proprietary companies limited by shares – such as a business that is wholly owned by a charity that has a similar charitable purpose
- registered Australian bodies – such as an incorporated association registered under a State Act and registered with ASIC if it carries on business outside the state or territory in which it is registered
- foreign companies – such as a charity formed or incorporated outside Australia but registered to carry on business in Australia.
Some reporting obligations under the Corporations Act 2001 do not apply to companies and registered bodies that are registered with the ACNC.
Generally you should contact ASIC for anything relating to your corporate status and the ACNC for any thing relating to your charitable status. The table below summarises when you will need to contact ASIC or the ACNC:
|Type of change||ACNC||ASIC|
|Apply to register a company||No||Yes|
|Apply to register a charity||Yes||No|
|Notify change of name to a company||Yes||Yes|
|Remove word 'Limited' from name (without changing legal name) as long as meet s150(1) of the Corporations Act 2001||No||No|
|Apply to change the 'legal' name of a company to omit the word 'Limited'||Yes||Yes|
Notify changes to:
While it is not a requirement, you can choose to notify ASIC of these?changes. Late fees?do not apply.
|Submit an Annual Information Statement for each reporting period||Yes||No|
|Submit financial statement for 2013 reporting period (period starting on or after 1 July 2012 but before 1 July 2013) (see ASIC guidance on reporting obligations)||No||Yes*|
|Notify of resignation or removal of an auditor||No||Yes|
|Notify appointment of an auditor||No||No|
|Request to revoke registration of a charity or notify of no longer being entitled to registration as a charity or if charity has closed (ACNC will advise ASIC in such cases)||Yes||No|
|Notify external administration of a company||Yes||Yes|
|Apply to deregister a company||Yes||Yes|
*Note that 'small companies limited by guarantee' under the Corporations Act may not have to submit a financial report.
Lodgement of financial reports under ASIC Instrument 2016/813
Lodge your financial reports with ASIC firstname.lastname@example.org. Along with the financial report, please include a cover letter detailing that:
- ASIC should treat the financial statement as a 'non-printed form 7080 - Financial statements of exempted charity', and
- the financial report is lodged under ASIC Instrument 2016/813, and
- include?the full name of the entity and their ABN.
- What are the reporting obligations of companies and registered bodies that are also registered with the ACNC?
- Provisions of the Corporations Act that no longer apply to charities registered with the ACNC?
- Provisions of the Corporations Act that will continue to apply to charities registered with the ACNC?
- ACNC requirements