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Register as Australian Registrable Body

The procedure has the aim of regulating state and territory based bodies when they commence to carry on business outside their place of registration. Section 601CA of the Corporations Law provides that a registrable Australian body (ie an incorporated association) may not carry on business interstate unless it has been registered under this division.

Any incorporated Australian association may apply to become an Australian Registered Body.

The procedure involves the submission of a variety of papers to the ASIC and the payment of the application fees. The registered body is required to have a registered office and a principal place of business in Australia, notice of which is to be lodged with the ASIC.

Once registered, the Australian Registered Body may obtain a common seal.

An association which has become an Australian Registered Body will not be required to lodge an annual return with the ASIC. However, an annual return must continue to be lodged with the relevant State body governing the association.

All relevant changes must be notified to both the State body governing the association and the ASIC within the timeframe which applies to companies. These include any changes to the Body's registered office, principal place of business or officers.

The letterhead of an association which has become an Australian Registered Body must show both its Registration Number as an association and its ARBN. However, if the Australian Registered Body applies for an ABN, that number may be substituted for the ARBN.


Registration under the Corporations Act does not:-

  • create a new legal entity. If the body was an incorporated association before the procedure, it will remain as an incorporated association afterwards; or
  • affect the body's existing property, rights or obligations; or
  • render defective any legal proceedings by or against the body or its members.


Once registered as an Australian Registrable Body, that entity may accept members from interstate or overseas and may conduct business interstate. All members will be treated equally, regardless of their State of residence.

 

 
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