Incorporation is the creation of a legal entity which has rights and liabilities separate from its members. P&C Associations are able to become incorporated under the Parents and Citizens Associations Incorporation Act 1976.
Incorporation makes a P&C Association a legal entity separate from its members. This means that:
- Debts or liabilities would normally be held against the P&C Association, not its individual members
- Legal action typically would not be taken against a P&C Association’s individual members (unless they have been personally negligent or broken the law)
Yes. The P&C Federation suggests all P&C Associations incorporate, as it provides a level of protection for P&C Association members.
Incorporation is especially important for P&C Associations that:
- Apply for grants, as grants often require applicants to be an incorporated organisation.
- Operate a service at the school (such as a school canteen, uniform shop, etc.)
- Employ paid staff
- Host large fundraising events
- Own assets
- Wish to meet online (such as via Zoom), as the constitution for unincorporated P&C Associations does not allow for remote meetings.
The main requirements for incorporating are:
- that your P&C Association has current membership with the P&C Federation, and;
- has public liability insurance (which can be the public liability insurance maintained by the P&C Federation).
No. If your P&C Association is currently a member with the P&C Federation and has current public liability coverage, then there is no cost to applying to become incorporated.
- Move a motion to become incorporated at a properly convened general or special meeting. Decision is made by a simple majority vote of members.
- Download the Incorporation Application Information below and complete the two application letters. One letter is addressed to the P&C Federation CEO and the other is addressed to the NSW Minister for Education, send both of them to the P&C Federation.
Once the P&C Federation receives the application letters, we will handle the rest. We will notify your P&C Association when it is approved by the NSW Minister of Education, and provide you a Certificate of Incorporation.
In applying to become incorporated, you have agreed to adopt the Prescribed Constitution for incorporated P&C Associations. This constitution can be accessed and downloaded here.
This constitution has been endorsed by the Minister for Education and cannot be amended.
- If your P&C Association’s Australian Business Number (ABN) has the entity type as ‘Other Unincorporated Entity’, you will need to cancel this ABN and apply for a new ABN, listing your P&C Association’s entity type as ‘Other Incorporated Entity’. This is because by incorporating, your P&C Association becomes a new legal entity with a different legal structure.
- If your P&C Association is registered as a charity with the Australian Charities and Not-for-profits Commission (ACNC) there are two things to do:
- If your ACNC registration is under the unincorporated ABN, you will need to change the ABN registered with the ACNC once you get a new ABN.
- You will need to upload the Prescribed Constitution to the ACNC as your new governing document. You can do this via the Charity Portal at this link.
Your P&C Association must adhere to the Prescribed Constitution and the Parents and Citizens Associations Incorporation Act 1976. The incorporation of a P&C Association can be cancelled at any time if these are not complied with.
There are two main requirements that incorporated P&C Associations must meet each year:
- Maintain membership with the P&C Federation and public liability insurance coverage.
- Send a copy of your audited annual financial statements to the P&C Federation within one month of your annual general meeting.
No. Only organisations incorporated under the Associations Incorporation Act 2009 register with NSW Fair Trading. P&C Associations incorporated under the Parents and Citizens Associations Incorporation Act 1976 have no affiliation with NSW Fair Trading.
No. Only organisations registered with NSW Fair Trading receive an incorporation number. As a P&C Association, you will receive a copy of the Government Gazette as well as a Certificate of Incorporation from P&C Federation.
The official name of your P&C Association will be “[name of your school] Parents and Citizens Association”.
Yes. Your books must be audited annually.
No problem. You can contact P&C Federation’s office and request a copy of your Incorporation Certificate to be sent to you.