Set up an incorporated association
An incorporated association is a legally separate body. It has the same powers, benefits and responsibilities as a person.
- owning land
- signing a lease
- appearing in court.
An incorporated association is legally separate from its members. This means that:
- the committee makes decisions
- the association becomes legally liable for these decisions
- individuals on the committee aren’t personally liable (as long as they acted in good faith).
- comply with the Associations Incorporation Act 1981 and the Associations Incorporation Regulation 1999
- review its financial affairs every year
- lodge copies of your rules, annual returns and financial statements with us.
- have at least 7 members
- be a not-for-profit association
- have a physical address in Queensland.
- propose resolutions to become an incorporated association and appoint a person to prepare and make the application
- pass the resolution with a 3/4 majority of the vote.
- contain only English characters (the characters allowed are the letters A to Z, numbers 0 to 9, apostrophes, brackets and full stops)
- have the word ´Incorporated´ or the abbreviation ´Inc.´ at the end of the name.
The name can not be identical or similar to:
- another association’s name
- a business name
- a cooperative name
- the name of a company
You can see if your proposed name is already taken by searching the Australian Securities and Investments Commission’s registers.
Restrictions apply to certain names. You can’t choose a name that:
- may be confused with government agencies, financial institutions or educational institutions
- infers an affiliation with the Royal family, ex-servicepersons’ organisations or major sporting events (if that affiliation does not exist).
A full list of restrictions is in the Associations Incorporation Regulation 1999.
Adopt a set of rules
All incorporated associations must have a written set of operating rules. This is sometimes known as the association’s constitution. The rules become effective once your association is incorporated.
The rules must set out:
- how the association operates
- what rights are available to members
- how the management committee works
- how meetings will run.
If your association writes its own rules, you must complete Appendix A on the Application for incorporation of an association If your association uses the model rules, you must complete Appendix B.
Download the model rules as:
Elect a management committee
Your rules must set out the way in which you elect the management committee. This should include:
- how to choose committee members
- how long the committee members’ term of office is
- why a committee position may become vacant
- how to fill casual vacancies on the committee.
A fee of $158.55 needs to be paid at time of lodgement. The normal processing time is 3–4 weeks, unless we need to contact you for more information.