ACNC releases template constitution for charitable companies limited by guarantee

The Australian Charities and Not-for-profits Commission (ACNC) has released its template constitution for a charitable company limited by guarantee. The template is designed for a small organisation with a straightforward membership, with the ACNC noting that larger, more complex companies will have different requirements.

It is suitable for:

  • a NFP organisation that wants to incorporate as a company limited by guarantee and register as a charity with the ACNC
  • an existing company limited by guarantee that that wishes to become a charity registered with the ACNC, or
  • an existing company limited by guarantee that is registered charity and wants to update its constitution.

The ACNC provides simple clause-by-clause instructions on the template constitution, plus detailed guidance on relevant legislative provisions for professional advisers. Organisations can download the template constitution as a Word file and tailor it to their particular circumstances.

The template constitution has been developed with the ACNC’s advisory board, specialist professional and sector user groups and small charities focus group. The charity regulator consulted closely with the ATO and ASIC in developing the constitution and advises that the template constitution is ‘future proof’, irrespective of the ACNC’s future.

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