INCORPORATION AS A COMPANY
A community group can, if it wishes, incorporate as a company limited by shares (in which case a profit may be distributed to shareholders) or as a non-profit company limited by guarantee. A company limited by guarantee is incorporated under the Companies (South Australia) Code. Instead of rules, it has a memorandum of association and articles of association. These documents and the incorporation procedures are complex and expensive.
In South Australia, it is rare for a non-profit organisation to incorporate as a company limited by guarantee, unless the organisation wishes to adopt an identical structure to a founding organisation incorporated elsewhere. Even in this case, it is usually possible to adapt the structure to fit the Associations Incorporation Act 1985 . It is far easier to become an incorporated association.
As it is unlikely that a community group in this State would choose to incorporate as a company limited by guarantee, details of the steps required have not been given here. If more information is required it can be obtained from the Office of Consumer and Business Affairs.
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INCORPORATION AS A COMPANY : Last Revised: Wed Mar 13th 2002 |
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