Illegal Phoenix Activity
Illegal phoenix activity occurs when directors of a company leave the company or transfer the business of an existing company to a new company without paying the true value of the business. Once the assets are transferred to the new company, the old company is usually placed in liquidation. Therefore, given the company is no […]
Should I Create a Company or a Unit Trust?
When starting a business, decisions need to be made regarding the most effective business structure. Such a decision must consider the goals, nature and circumstances of the individual business. The four most common structures are sole trader, partnership, company and trust. The last two business structures will be the focus of this article. The key […]
What’s in a Name?
Soapranos laundry shop; Wok This Way noodle restaurant; Ones & Twos plumbing; Shot, Framed and Hung photography; Mid-Life Cycles motorcycle repairs; and Curl up n Dye hairdresser. These are just a few business names around town that reflect how truly creative, funny and inventive Australians can be. It seems that there is no limit on […]
Legal Issues to Consider When Developing your New Mobile App
In recent years, mobile application development has become a way for people to enter the technology market with little more than an idea and a computer. Technology provides these individuals with a great degree of freedom and creativity by giving them the ability to start global companies from their bedroom. There are fewer barriers to […]
How To Avoid Complaints About Your Charity
The Australian Charities and Not-for-profits Commission (ACNC) has recently released its Charity Compliance Report based on 2017 data. As a matter of concern for the sector, there was a 42% increase in reported concerns about charities in 2017. In the media and the news there were several high-profile controversies surrounding charities, however the controversies and […]
Public Benevolent institutions and the ACNC
Do you want to register your organisation as a charity with the ACNC? If so, you may encounter the term ‘public benevolent institution’. In this insight, we digress into what a PBI is and provide some useful examples of PBIs that operate. What is a Public Benevolent Institution? A public benevolent institution (PBI) is one […]
Is Your Charity Tax Deductible?
A Charities’ Most Common Question Is Whether They Are Tax Deductible or Not Having deductible gift recipient (DGR) status can be very rewarding and beneficial to a company. But, along with the benefits, there are several different compliance rules and ongoing obligations required to maintain and sufficiently insure your DGR status. This article will set […]
Do You Have A Right To Take That Photo?
Taking a person’s photograph without their consent has caused significant concern over the past few decades. The increased use of mobile phone cameras and the ease and accessibility of online publication has left many Australians wondering the legal rights and wrongs of taking photographs. This article addresses the balance between a person’s right to privacy, […]
Registering a Charity
Registering a Charity There are a number of steps that an organisation should consider when deciding whether they are ready to register as a charity. If your idea is still in an early form, it is worthwhile to develop it as much as possible in order to show what your plans are for your charity […]
Private Ancillary Funds
For those wishing to develop a longer term and substantial grant making program, it is worthwhile considering the development of a private ancillary fund. What is a Private Ancillary Fund? A Private Ancillary Fund (PAF) is a kind of charitable trust. It serves as a link between donors and charities that have tax-deductable gift recipient […]