Your time and energy should be targeted toward the things that make the most impact in the community.
A lot of the legal and practical issues faced by Not-for-profit organisations (NFPs) are very similar to those that impact for-profit businesses. Social Enterprises need to make sure their business pursuits don’t stray away from their social goals. This can be tricky to navigate, especially when your organisation may be run by volunteers or you have limited experience or resources.
We are experienced in working with many well established businesses and successful individuals, so we know what it takes to make an organisation run well and meet its goals. On the other hand, we are down to earth enough to understand that you don’t have an endless budget to spend on lawyers and need advice that is easy to understand and to the point.
We strike the right balance between making sure things are done right (which is important in accessing funding and maintaining your reputation in the community) and working within the bounds of your resources.
Call us on 1300 654 590 to discuss how we can help you run your Not-for-profit organisation, Charity or Social Enterprise.
How we can help you
We understand that your main focus is serving the community and time is precious. Our aim is to give you straightforward advice and definitive answers so that you can stay on top of these key issues that impact on your organisation:
- Keeping your Internal Affairs in Order;
- Dealing with your Supporters and the Public;
- Dealing with Regulators; and
- Dealing with your Members, Volunteers and Employees.
Keeping your internal affairs in order
- Assisting your organisation in making decisions, whether at the Committee or membership level, by providing advice, assisting in meeting procedures and documenting resolutions;
- Helping your organisation’s Committee to understand and comply with their legal obligations and duties;
- Reviewing and updating your governing documents so that they are tailored to the particular objects and activities of your organisation to maximise your opportunities to access funding, whether through grants, sponsorship, public donations, private investment, business activities or some other method;
- Assisting you to make any changes to your legal structure, with an emphasis on ensuring the transition is smooth and the organisation’s assets are responsibly managed;
- Identifying and helping you to protect items of value in your organisation such as intellectual property (trade marks, confidential information), Personal Property Securities registrations, real property interests (commercial leases, sale and acquisition of land); and
- Preparing, reviewing and advising on arrangements between your organisation and its key suppliers and partners.
Dealing with your Supporters and the Public
- Assisting to ensure that your funding campaigns and strategies are in line with your relevant governing documents and accreditations;
- Reviewing and advising on funding and grant contracts between your NFP and its supporters and sponsors;
- Assisting your social enterprise to maximise opportunities for private investment, while maintaining its focus on social and community needs; and
- Working through legal issues involving funding and gifts to your NFP such as conditional gifts, bequests and legal challenges to your entitlement to receive distributions.
Dealing with Regulators
- Assisting you to obtain and maintain relevant tax concessions;
- Assisting you to comply with your organisation’s ongoing reporting obligations;
- Helping you to develop policies and strategies that comply with laws in Australia; and
- Assisting you to manage and respond to reviews, investigations, audits or other enforcement activities undertaken by regulators including the Australian Charities & Not-for-Profits Commission (ACNC), Australian Taxation Office (ATO), fair trading and consumer regulators, State revenue offices, Fair Work Commission, Fair Work Ombudsman, work safety regulators and local government bodies.
Dealing with your Members, Volunteers and Employees
- Checking that your arrangements with your volunteers and employees are legally compliant including compliance with the National Employment Standards, Modern Awards, State-based legislation and Australian workplace safety standards;
- Assisting you to develop volunteer terms, employment contracts and policies that are tailored to your particular field and objectives; and
- Providing legal assistance if you have member, volunteer or employee-related issues including disciplinary issues, claims for unfair dismissal, unlawful termination, or breach of employment standards.
Call us on 1300 654 590 to get us involved in running your Not-for-profit organisation, Charity or Social Enterprise.