Incorporated associations

Incorporated associations

New South Wales

NSW Associations Incorporations Act 2009

Most community local sporting clubs are established as incorporated associations. In New South Wales, incorporated associations are governed under the Associated Incorporations Act 2009.

The NSW Office of Fair Trading oversees the Associated Incorporations Act 2009 and provides a highly informative website for clubs who have registered or considering registering as an incorporated association. The NSW Office of Fair Trading can be accessed here

 

Key Responsibilities

The Associations Incorporation Act 2009 provides registered clubs and associations with guidance and direction on the following topics:

  • Forming an incorporated association
  • Information to be included in incorporated association rules
  • Amalgamating one or more existing incorporated associations
  • Memberships
  • Responsibilities for running meetings
  • Appointment and responsibilities of office holders
  • Financial reporting requirements
  • Processes for winding up incorporated associations

The following lists some important information and reporting obligations clubs need to be aware of under the Act. The information should be treated as a guide only. Your club should contact the NSW Office of Fair Trading or seek advice specific to the needs of your club when considering its obligations under the Associations Incorporation Act 2009.

 

Public Officer/Secretary

Public Officer Notification. If there is a new Public Officer this must be notified to Department of Fair Trading within 28 days of the vacancy.

Ensure your nominated club Public Officer understands their obligations.

 

Prepare the minutes from the recent AGM

It must contain a copy of the financial statements, Committee Certification Statement and the report associated with any review conducted of the financial accounts.

 

Lodge your club’s Annual Statement within one month of the AGM (therefore at the very latest within 7 months of the end of the club’s financial year)

 

If there were any Club Rule/ Constitution changes approved by members at the AGM your club must lodge with Consumer Affairs Victoria within 28 days.

 

Annual General Meeting

Read your club rules/constitution to determine:

  • When to hold the AGM
  • Who is invited to the AGM
  • Notification Dates
  • Any Audit/review requirements of financial accounts in the club/rules constitution

For more information on how to call an AGM, click here

 

Ensure the club’s membership database is updated to know who must be invited to the AGM, who is eligible to nominate for committee positions, and who can vote at the AGM.

 

Identify if there are going to be any resolutions or special resolutions to be presented to members. If so review club rules/constitution and the Associations Incorporation Act 2009 about notification and voting requirements relating to the resolutions.

 

Financial Reporting

Association Secretary to review Associations Incorporation Act 2009 and their club rules to determine if the Association legally required to have their financial accounts reviewed/audited.

If accounts to be reviewed appoint/contact auditor/accountant to schedule audit/review.

 

Information on this page is general in nature. Sports Community has made the best effort to ensure its accuracy. Please seek specific advice from your relevant club or authority.