Skip to content

Part 2: Not for Profits and Charities – What legal documents do I need?

Congratulations on considering setting up a not-for-profit organisation or a charity. This article focuses on the legal documents that you may need during this process.

This article is part 2 of a 5-part series to assist charities and not-for-profit organisations understand their legal needs. Part 1 focussed on choosing the right structure. Part 3 will discuss the requirement for registering with the Australian Charities and Not-for-profits Commission. Part 4 will consider what is a Public Benevolent Institution, a health promotion charity and a religious charity, and Part 5 will seek to explain the process for obtaining deductible gift recipient (DGR) status.

Your not-for-profit organisation or charity must comply with legal requirements, including having certain governing documents. The governing documents depend on the structure of your charity.

For example, generally speaking, if your charity is:

  • an incorporated association, the governing documents are the articles of association.
  • a company limited by guarantee or other company under Corporations Act 2001, the governing document is the constitution.
  • a trust, the governing document is the trust deed.
  • a co-operative, the governing document is the constitution.
  • an unincorporated association, the governing document is the rules.

What does the government document need to cover?

The name, detail and exact nature of the governing instruments differ depending on the structure of the organisation. However, generally speaking, the governing instrument needs to cover the following:

  • The objects of your organisation;
  • The powers of your organisation i.e. how it will achieve its objects;
  • A non-distribution of profits provision which states that funds of your organisation cannot be distributed to the members;
  • Management of the organisation including who will run your organisation and how it will be run;
  • Internal arrangements for meetings, voting, looking after funds, etc.;
  • An amendment provision on how the instrument can be altered; and
  • A dissolution provision dealing with what happens to the organisation in the event it is wound up.
Continue reading this article below the form
Loading form

Key Takeaways

A charities lawyer can help you create the governing documents that you need. If you require assistance in drafting or reviewing any of these documents, our experienced charity lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Register for our free webinars

Demystifying M&A: What Every Business Owner Should Know

Online
Understand the essentials of mergers and acquisitions and protect your business value. Register for our free webinar.
Register Now

Social Media Compliance: Safeguard Your Brand and Avoid Common Pitfalls

Online
Avoid legal pitfalls in social media marketing and safeguard your brand. Register for our free webinar.
Register Now

Building a Strong Startup: Ask a Lawyer and Founder Your Tough Questions

Stone & Chalk Tech Central, Level 1 - 477 Pitt St Haymarket 2000
Join LegalVision and Bluebird at the Spark Festival to ask a lawyer and founder your startup questions. Register now.
Register Now

Construction Industry Update: What To Expect in 2026

Online
Stay ahead of major construction regulatory changes. Register for our free webinar.
Register Now
See more webinars >
Ursula Crowley

Ursula Crowley

Read all articles by Ursula

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards