Registrable Australian Bodies
This is Information Sheet 60 (INFO 60).
Some organisations, like associations, can only conduct business in their 'home' state or territory.
By becoming a registered Australian body, these organisations can trade throughout all states and territories within Australia.
How to become a registered Australian body
Step 1 - Ensure the name is available
Before applying to register as an Australian body, you need to听check to see if the name is available.听
If you aren't听ready to register,听but want to make sure听the name听is available when you are,听you can apply to reserve it.
If we approve your application, we will reserve the name for two months. If you wish to extend this period, you'll need to apply to reserve the name again.
Even if we reserve or register a name for you, a company with a similar name or a trademark may take action against you. It is your responsibility to be aware of any similar names or trademarks that may affect your name. Visit the听听website听to search for existing trademarks.
Step 2 - Lodge a Form 401
To apply, lodge a听听Application for registration of a registrable Australian body.听
You will need to provide details about your current organisation.听You must also include:
- whether there are any existing charges on property听and details of those charges
- details of all directors/officers, including date and place of birth.
If the听registered office does not belong to the body (e.g. it's your accountant's office), you must get their written permission to use the address.
Step 3 - Include supporting documents
When you lodge the Form 401, you must also include:
- A certified copy of the organisation's听current听certificate of incorporation/registration. The certificate must be certified听by the authority that administers the organisation. For example, this would be Consumer Affairs for associations incorporated in Victoria.听The copy should be certified听no more than three months before it's lodged with us.
- A certified copy of the body鈥檚 constitution (e.g. Memorandum and Articles of Association). It needs to be current听and include all resolutions that have affected the constitution.听
The constitution must be certified听by:
- whoever has lawful custody of the original document (e.g. the 'ASIC-equivalent')
- a public notary, or
- a director/officer of the organisation making a statement in writing
If the organisation does not have a constitution, you must provide a written statement from a director/office of the organisation. It should state that the body does not have, or does not need to have听a听constitution.听
The copy should be certified听no more than three months before it's lodged with us.
For detailed requirements, refer to Section听601CB of the Corporations Act.
Step 4 - Lodge the form with the fee
The application form must be signed by a director or person that's authorised.
Refer to听听-听Application for registration as a registrable Australian body听for the correct fee amount.
The completed application can be mailed to:
91AV & Investments Commission
PO Box 4000
Gippsland Mail Centre VIC 3841
Once your application has been processed and approved,听we'll send you听a registration certificate.
Your obligations
Displaying your name
You must display the body's听name outside every office and place of business that is open to the public.
Unless it's a bank or other authorised deposit-taking institution, it must also display:
- its place of origin
- at its registered office, the words听鈥榬egistered office鈥�, and
- notice of the limited liability of its members (only if the body's name does not end in 'Limited' or 'Ltd.').
Australian Registered Body Number
When registered,听you'll receive a unique nine digit听number known as the Australian Registered Body Number (ARBN).
Under the Corporations Act, the name听and ARBN must appear on all the body's听public documents. This includes negotiable instruments published or signed in the jurisdiction.
Unless the body is a bank or other deposit-taking institution, every document and instrument must also include:
- its place of origin, and
- notice of the limited liability of its members (only if the body's name does not end in 'Limited' or 'Ltd.').
Some abbreviations are allowed. These include:
- for Australian - 鈥楢ust.鈥�
- for Registered - 鈥楻egd.鈥�
- for Number - 鈥楴o.鈥�
- for Australian Registered Body Number - 鈥楢RBN鈥� or 'A.R.B.N.'
Keeping your details up to date
If your details change, you must let us know within a certain timeframe.
Below is a list of the details you must keep updated and the relevant timeframe:
- its name ()
- its constitution ()
- its directors or equivalent (), and
- a change of address or a听change to its office business hours听().
If the body stops trading, you must听. If it is wound up or deregistered in its 'home' state, you must let us know within one month.
Important notice
Please note that this information sheet is a summary giving you basic information about a particular topic. It does not cover the whole of the relevant law regarding that topic, and it is not a substitute for professional advice. We encourage you to seek your own professional advice to find out how the applicable laws apply to you, as it is your responsibility to determine your obligations.
You should also note that because this information sheet avoids legal language wherever possible, it might include some generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases, your particular circumstances must be taken into account when determining how the law applies to you.
Information sheets provide concise guidance on a specific process or compliance issue or an overview of detailed guidance.