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 Federation of Parents and Citizens Associations Incorporation Act 1976.
Incorporation
Becoming incorporated gives a P&C Association a ‘legal personality’. Incorporated entities can enter into legal agreements such as grants, own assets and borrow money from financial institutions. If an Association is incorporated, any debt or liability will be held against the Association itself, rather than individual members. Also action typically cannot be taken against individual members of an incorporated entity unless they have been personally negligent.
Yes. Incorporation is essential for P&C Associations that wish to apply for funding grants, operate an OOSH, Before and After School activities, Vacation Care, employ staff or enter into legal agreements. The decision to incorporate should be made by majority vote at a general or special meeting.
Yes. There is a one-off administration fee of $100.00.
No. Once you are incorporated with P&C Federation you are required to send to the Federation of P&C Associations of NSW a copy of their audited annual financial statements within one month of the annual general meeting. You are not required to send any material to NSW Fair Trading.
No. In applying to become incorporated you have agreed to adopt the Prescribed Incorporated Constitution. This constitution has been endorsed by the Minister for Education and cannot be amended.
Yes. By-laws are a set of rules that assist your P&C Association in conducting their business. By-laws cannot contradict the constitution.
No. As you are incorporated under statute (an Act of Parliament) you will not receive a registration number. You will receive a copy of the Government Gazette as well as a Certificate of Incorporation from P&C Federation.
No. You will not change your name, the title of your P&C Association will be the name of the school followed by P&C Association.
Yes. Your books must be audited annually however incorporated P&C Associations do not have to retain a qualified Chartered Accountant.
Yes. Whether incorporated or not, all associations require an ABN. Without one they will not be regarded as an income tax exempt, not for profit charity and may be liable for income tax on all profits.
You should download and complete the Incorporation Application Information below and send them to P&C Federation, our friendly staff will handle the rest.
No problem. You can contact P&C Federation’s office and request a copy of your Incorporation Certificate to be sent to you.
- Update your ABN entity type to “Other Incorporated Entity”. You can read more at this link about how to do that.
- Update your governing document on the Australian Charities and Not-for-profits Commission (ACNC) to the Prescribed Constitution. You can do this via the ACNC Charity Portal