Corporations Act provisions that apply to charities registered with the ACNC
Criminal offences for the breach of certain directors' duties will continue to apply under the Corporations Act. For example, section 184 of the Corporations Act still applies to the directors and other officers of companies that are charities registered with the ACNC and directors continue to have a duty to prevent insolvent trading under section 588G.
A company registered as a charity by the ACNC is not required to have the word ‘Limited’ at the end of its name if the company's constitution:
- prohibits the payment of fees to its directors and
- requires the directors to approve all other payments the company makes to directors.
You may omit the word ‘Limited’ anywhere that the company's name is used.
You may also want to change the company's legal name to omit the word ‘Limited’. To do this, you must apply to us and pay the required fee. A special resolution to change the company's name to omit the word 'Limited' is no longer required. If we change the company's name, we will send you an amended certificate of registration.
If you cease to be registered by the ACNC, you must notify us. We will then update your company registration details to include the word ‘Limited’ at the end of the name if it is not already included there.
All companies registered with ASIC, including those companies that are also registered as charities with the ACNC, must comply with the whistleblower protection regime in Part 9.4AAA of the Corporations Act. The whistleblower protection regime is enforced by ASIC, even where the company is registered as a charity by the ACNC.
From 1 January 2020, a charity using a public company structure, such as a company limited by guarantee, must have a whistleblower policy and make the policy available to officers and employees.
Learn more about the reforms to the corporate whistleblower protection regime
Registered bodies, incorporated associations, and other bodies corporate
From 1 July 2019 incorporated associations and other bodies corporate registered under state or territory legislation will be subject to the corporate whistleblower protection regime if they are trading or financial corporations. That is, where they are significantly or principally engaged in trading or financial activities.
However, incorporated associations or other bodies corporate are not subject to the requirement in the Corporations Act to have a whistleblower policy from 1 January 2020.