Not-For-Profit

Our clients' immediate needs are centred around understanding how the reforms will affect them and what they can do to prepare, including:

• understanding the new regulator (the ACNC), its powers and its responsibilities;
• making ongoing submissions to the Federal Government as the reforms are finalised;
• identifying new reporting requirements from 1 July 2013;
• assisting ACNC-registered charities to prepare for and meet the five Governance Standards applicable from 1 July 2013;
• monitoring the introduction of a statutory definition of "charity";
• monitoring changes regarding NFP tax concessions and especially "unrelated commercial activities" tests; and
• monitoring the development of charitable fundraising regulation.

While the Government's reforms seek to improve the system, it will be a tricky era to work through. Against this backdrop, the team at Clayton Utz is ideally placed to assist organisations with their legal issues – whether under existing laws or the new regulations as they unfold.

We have a considerable depth of expertise in the NFP sector across all offices with experience in advising organisations, including:

• beyondblue
• RSPCA
• Australian Paralympic Committee
• The Salvation Army
• Committee for Melbourne
• CPA Australia Limited
• Transport Friendly Society
• Tintern Schools
• Yarra Valley Grammar
• World Vision Australia
• Australian Home Care Services Ltd
• Carers Australia
• Cerebral Palsy Alliance
• Australian Green Infrastructure Council
• Ardoch Youth Foundation

This expertise is underpinned by our For-Profit practice and clients benefit from our work with a range of listed and private companies, including advising on:

• the structure, implementation and maintenance of effective governance policies and procedures
• strategic and innovative taxation advice and applications for concessions;
• a range of transactions including acquisitions, mergers and reconstructions; and
• employment, industrial relations and human resources-related issues including occupational health and safety, employee fraud, discrimination and diversity.

Experience

We offer a comprehensive range of legal services and advice on matters affecting NFPs. We've helped our clients with:

• submissions to the Federal Government on the Not-for-profit Reforms;
• the transition from a federated state-based structure to a single national entity;
• restructures, asset sales, mergers and joint ventures;
• finding an appropriate structure to ensure optimum governance arrangements;
• litigation on eligibility and applications for tax concessions, including tax exemptions, deductible gift recipient status and FBT benefits;
• establishing and winding up of philanthropic vehicles for corporate groups and families, including private and public ancillary funds;
• sponsorship and fundraising agreements and service contracts;
• Occupational Health & Safety;
• employment contracts and volunteer policies;
• converting an incorporated association into a company limited by guarantee under the Corporations Act;
• establishing separate corporate entities for specific activities;
• changes to remove representational aspects of board appointments; and
• IT advice and agreements, and IP litigation (brand protection).