Become an Indigenous corporation

You can change your association’s legal status to become an Indigenous corporation if:

• you serve an Indigenous people or community
• your members are all Indigenous Australians.

Talk to an independent lawyer before you decide to change your status.

Why become an Indigenous corporation

This may be a helpful option due to:

• regulations that are designed for the needs of Indigenous groups
• a single registration that applies all around the country.

If you change your status, you may not need to pay transfer duty or capital gains tax. While you have changed status, your company is still the same legal entity. Its assets and liabilities don’t change owner.

How to change status

Step 1 - Pass a special resolution

Becoming a company is a major change to your association’s structure. To make such a change, you must pass a special resolution at a general meeting. It will need to win 75% of the vote in order to pass.

Step 2 - Apply to make the transfer

You need to apply to us to transfer your association’s registration. You will need to fill in a transfer application form. There are 2 separate forms, depending on when your association was incorporated.

Download this form - for an association incorporated after 1 July 1982.

Download this form - for an association incorporated before 1 July 1982.

Step 3 - Register as an Indigenous corporation

If we approve the transfer, you will then need to register as an Indigenous corporation. You will need to apply to the Office of the Registrar of Indigenous Corporations (ORIC). Make sure you are familiar with all of your new requirements.

Check with ORIC to find out more.

You will need to apply as an existing organisation. Make sure you include all the paperwork listed on the application form.

Visit the ORIC website to apply.