What does "not for profit" mean?
This means that any profits that the organisation makes are either put back into the organisation or are distributed to charitable bodies. The funds can't be distributed to members.
The two main types of not for profit entities are a company limited by the way of guarantee or an incorporated organisation.
Companies that are limited by guarantee are set up under the Corporations Act. They are set up with very minimal capital (usually under $100), with each of the shareholders agreeing to provide and guarantee a small amount. As with any company, a board of directors appointed that is responsible for making sure that the company is managed appropriately.
An incorporated body is governed by the legislation of the State where the incorporation takes place. The incorporated association must establish a set of rules or constitution.
The rules can include the group having:
- a committee;
- a minimum number of committee members;
- a minimum number of meetings;
- an annual general meeting;
- an annual return to the relevant State Government Department,
(eg. Department of Fair Trading (NSW)).
Incorporation is the most common form of a Non Profit Organisation.