Charities and not-for-profit organisation are required by law to have in place good corporate governance measures to ensure that the charity is properly run, having regards its objects and the interest of stakeholders. We can give your charity a complimentary legal health check consultation to identify any issues which may require further attention such as:
Lease and property rights check – preferably to be undertaken prior to signing any extensions of lease or before exercising any options to renew;
Governance framework – to ensure that your rules, constitution and/or trust deed are up to date, and there are policies and procedures in place to deal with conflicts of interest
Registrations – to ensure that you are clear on the registrations and licences you need to conduct fundraising campaigns;
Legal structure – to ensure that your club or organisation has the right legal structure;
Updating Rules and Constitution
New laws for incorporated associations in WA requires your association to amend its Constitution to comply with the new standards in about 19 months (i.e. by 1 July 2019).
Constitutional amendments must be passed at a general meeting by special majority. Get your Associations’ Constitutional amendment resolutions prepared in readiness for the Association’s next Annual General Meeting.
If your Association’s financial year ends on 31 December, you should consider giving notice of your Association’s constitutional amendment at the AGM to be held in early 2018. That way, you will avoid calling an extraordinary general meeting in addition to your AGM. Do not leave it to the AGM in 2019 as you may not have sufficient time to deal with queries and objections.
having properly drafted retention of title clause in your terms and conditions that are signed by your customer; and
having systems in place to register your interest over the goods you supply to your customer.