Being an incorporated association

If you're a community group in the Northern Territory (NT), you might decide to become incorporated.

Incorporation means you're a legal entity. It allows you to do certain things such as enter into a contract, apply for government grants or buy land.

Becoming incorporated isn't necessary, but if you decide to apply, there are rules you must follow.

Read below to find out more. You can also watch the video.

Get a printable fact sheet PDF (712.8 KB).

Structure

Incorporation gives your group its own legal identity, separate from its members.

Incorporated associations:

• are made up of 5 or more people
• are not-for-profit
• have rules (a constitution), members and a governing body.

Who can register

You can apply for incorporation if you're a club or group and your purpose is any of the following:

• religious, educational, benevolent or charitable
• to provide medical treatment or attention
• to promote or encourage literature, science, art or a cultural activity
• to provide sport, recreation or amusement
• to beautify or improve a community centre.

If you want to set up an incorporation for any other purpose, email associations.compliance@nt.gov.au.

Running an incorporated association

To run an incorporated association, you must meet certain conditions and complete a number of steps.

Find out how to start an incorporated association.

If you decide to incorporate, there are things you can and can't do.

What you can do

As a legal entity, you can:

• enter into contracts
• have insurance
• apply for government grants
• buy land
• take out a mortgage or loan
• sue or be sued
• employ staff
• have the same rights as a person
• continue, even if membership changes.

What you can't do

As a non-profit, you can't:

• distribute profits or assets to members
• operate to secure financial benefits for members.

Member liability

Member liability is limited to subscriptions.

Management committee members also have limited liability, unless they trade while insolvent.

Operating in and out of the NT

You don't have to operate entirely in the NT. However, the association's public officer must reside in the NT under the Associations Act 2003.

If all or most of your operations are outside the NT, it may not be appropriate to be incorporated as an NT association.

To read about other legal structures, go to the Australian Government's Australian Tax Office website.

Public information about your association

If you become incorporated, certain information about your association will be made public.

This includes:

• your association’s name
• main place of business
• contact details
• financial statements
• constitution
• name and addresses of your public officer.

Contact

For more information, contact the compliance team.