Company services
Public company limited by guarantee.
A company limited by guarantee has members rather than shareholders, and those members guarantee a nominal amount instead of buying shares. It is the usual vehicle for charities, industry bodies, clubs and not-for-profits operating across state borders.
Lawyer prepared
Documents prepared and reviewed by a Victorian commercial lawyer.
Fast turnaround
Most registrations and deeds turned around same day or next business day.
Fixed fee, quoted first
Fixed fee quoted before we start, ASIC fees itemised separately.
Compliant documents
Corporations Act 2001 and ASIC compliant documentation.
What a company limited by guarantee is used for.
We register the company with ASIC, draft a constitution with the not-for-profit and dissolution clauses required for charity registration, set the guarantee amount, and appoint the directors and secretary.
Where the organisation intends to register with the ACNC or seek deductible gift recipient endorsement, we draft the objects, income and property clauses and winding-up clause to satisfy those requirements from the outset.
Charity and DGR endorsement depend on constitutional wording. Fixing it after registration means a members' meeting and a fresh application. Get it right the first time.
Why it pays to have this done properly.
Charity-ready constitution
Objects, non-distribution and winding-up clauses drafted to meet ACNC and ATO endorsement requirements.
Members without share capital
Governance suits an organisation run for a purpose rather than for profit, with clear admission and voting rules.
Operates nationally
Unlike an incorporated association, a company limited by guarantee can operate in every state without separate registration.
Is this you?.
- You are establishing a charity, foundation or industry body
- You need to apply for ACNC registration or DGR endorsement
- Your association has outgrown state-based incorporation
- Funders require a company limited by guarantee
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the not-for-profit constitution, consents and the ASIC application, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed professional fee plus ASIC fees at cost. ACNC registration and DGR endorsement applications are quoted separately.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
What does the guarantee actually mean?
Can we transition from an incorporated association?
Do directors get paid?
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Learn moreReady to get started with public company, limited by guarantee?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.