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3. Types of incorporated structures

There may be circumstances in which members of an association want to carry on, but for one reason or another, they cannot carry on as an incorporated association, or there may be advantages in moving to another jurisdiction. For example, an agricultural supplies association may find that its business has grown to encompass trading with the public such that it is no longer eligible to remain an incorporated association. Or an association wanting to expand its activities into other States may prefer to be incorporated as a company, regulated by Commonwealth authorities. The Act contains provisions that allow the Commissioner to facilitate a transfer to another jurisdiction.

There are a number of options for incorporation available, depending on the purpose, objectives, nature and structure of the group. The following are examples of incorporated structures:

  • an incorporated association;
  • a co-operative company;
  • an Aboriginal or Torres Strait Islander corporation; and
  • an incorporated company

Note! Incorporated associations and co-operatives are registered under State laws, while Aboriginal or Torres Strait Islander corporations and companies are registered under Commonwealth laws.