Charities and Not-For-Profit Law
How we can help
There are unique challenges and pressures to running a charity, NFP or impact company. But when it comes to legal matters, you can rely on our help.
We work with organisations across all areas of NFP and charity formation, regulation, compliance, tax and governance. We also act on collaborations, restructures, mergers and acquisitions.
Many of our lawyers hold positions on charity and NFP boards and bring their experience working for these organisations in legal, governance and policy roles.
We work well with key regulators in the charities and social sector, including the Australian Charities and Not-for-profits Commission, the Australian Securities and Investments Commission, the Australian Taxation Office and state and territory Departments of Fair Trading and Revenue Offices.
Services
We’re trusted for positive outcomes in defining moments, solving complex problems strategically, commercially and practically. Our team can provide stand-alone advice or cast a broader lens over transactions and projects.
Structuring and formation
Set up new organisations and advise on structures (including companies, incorporated associations, Aboriginal and Torres Strait Islander Corporations, cooperatives and trusts).
Mergers and acquisitions
Guiding organisations through the legal process for mergers and acquisitions, including asset and business sales, purchases and transfers, share sales and member transfers and due diligence.
Restructures and transfers
Advising on and implementing group restructures and consolidations. We also support changes to entity type, including association to company.
Tax concessions and charity registrations
We register organisations as charities with the ACNC and assist with meeting the requirements for Commonwealth and state tax concessions, including income tax exemptions, DGR endorsement, FBT concessions and stamp duty and payroll tax relief.
Governance
We review and design customised governance frameworks, including preparing and updating constitutions and other governance documents, like board charters, conflicts of interest policies and related party transaction policies.
Fundraising and grant giving
Advising on charitable fundraising laws, licensing and regulation, the running of charitable fundraising activities and events, and the requirements for receipt of deductible gifts, contributions and other donations.
Working overseas
Advising on organisational processes and practices to align with and mitigate risks associated with ACNC External Conduct Standards and related obligations.