What is a Social Enterprise?
Charities struggle to fund services due to higher demand and less donations. Social enterprises can provide additional revenue.
The fact that “things aren’t the way they used to be” is one of those things that never change. This is the case whether in the context of the way kids behave, how cars are made, or the successes of family businesses. In particular, charities and non-for-profits are finding it increasingly difficult to fund their activities and services. There are several contributing factors to this phenomenon, including a higher demand for services, declines in donations, and the greater complexity of charities.
This situation leads many charities and non-for-profits to pursue various forms of commercial activity as an additional revenue. There are various forms of such commercial activity, including investing, professional fundraising, or opening a social enterprise. In Australia, there is no legal definition of a social enterprise, but it is often described as a trading enterprise that uses its profits exclusively to fund a social or public mission. For example, a charity might open a business to supplement its income and provide financial security for the future.
A social enterprise need not be operated by or be an extension of another charity or non-for-profit. Social enterprises are usually self-contained, using its profits to support and grow the enterprise itself. For-example, a café can be established for the purpose of hiring disadvantaged people, using the profits to further its activities. Thus, social enterprises can either be as part of an existing charity or non-for-profit, or a separate entity.
Starting a social enterprise out of an existing organisation
Many charitable and non-for-profit organisations will fundraise by means of providing a product or service for a fee. Often these services are directly related to the nature of the organisation, such as a religious institution opening a bookstore, a museum operating a gift store, or a school providing after-school child-care. Other fundraising services have no such direct relationship, such as a bake sale or an op shop. Regardless, since it is merely an extension of an organisation it will have the same access to tax concessions.
Here are several considerations of which to be mindful:
- Are its profits used in the same way as the organisation, or are some of the profits for private benefit?
- Will the enterprise subject your institution to reputational or financial risk?
- Does your institution have the relevant capabilities, expertise, and capital to engage in the enterprise?
Creating a separate social enterprise entity
A social enterprise can have social benefit by its operation and activities. It can provide employment and affordable product to those in need. It can also promote education or cultural awareness by providing educational or cultural products and services. If you are starting a social enterprise not as part of an existing organisation, there are several legal structures to choose from:
- Incorporated association (Inc.)
- Company limited by Guarantee (Ltd)
- Co-operative
- Indigenous Corporation
The difference between these structures affects whether you can operate nation-wide or only within your state, your tax concession eligibility, your funding and ongoing reporting responsibilities.
If you are interested in creating a hybrid form of for-profit and non-for-profit, you also have the option of creating a Private company (Pty Ltd).
You may also be interested in
Client Testimonials
EXCELLENT Based on 36 reviews Posted on Ethan Dehghan2025-09-14Trustindex verifies that the original source of the review is Google. I had an excellent experience with Sajad Alobaidi when buying my house. He explained the contract clearly, was always responsive, and made the whole process smooth and stress-free. Highly recommend Warlows Legal and Sajad for property purchases! ⭐⭐⭐⭐⭐Posted on Zahra Ahmadi2025-09-10Trustindex verifies that the original source of the review is Google. One of the best lawyers and his team they are very supportive and very helpful and when it comes to doing the job they do it 100% without any delays Thank you so much to Sam and Sajad for everythingPosted on Arie Kliger2025-03-12Trustindex verifies that the original source of the review is Google. Thanks to Roni Margolin for very professional legal services. Roni performed at high standard representing me in negotiations and court proceedings. She exhibited knowledge, experience and commitment. She kept me informed and discussed matters with me regularly. Warlow Legal have provided me with professional services and I highly recommend them.Posted on Hus Melbourne Best2025-02-17Trustindex verifies that the original source of the review is Google. Dealing with the team is easy and response is quick and efficient. They are reasonable with prices and seems very reasonable to the clients. Have a building matter as a Builder and they helping very smartly. Great full to Harriet for taking matter with interest and helping with care. F HussainPosted on Avi Bendetsky2024-12-09Trustindex verifies that the original source of the review is Google. Great firm highly recommend them!!Posted on Rivky Cyrulnik2024-11-22Trustindex verifies that the original source of the review is Google. Thanks Harriet for your help and advice with our build. I am so happy I listened to you. It was a difficult dilemma but well worth following the advice in the long run. Spot on advice. Also thanks to Yoni for his help with our contract. Warlows has great experience with building law and contracts Thank you!Posted on Miriam Pacanowski2024-09-09Trustindex verifies that the original source of the review is Google. Harriet and her team really cared about our charity and helped us through the many steps required to enable us to achieve DGR status. They were professional and responsive and achieved a fantastic outcome.Posted on Lazer Toggos2024-03-07Trustindex verifies that the original source of the review is Google. Harriett and Caroline were very professional and listened very carefully They showed understanding and compassion I could not rate them higher Their work was excellent and went the extra mile Would highly recommendPosted on Schneier Lange2023-11-02Trustindex verifies that the original source of the review is Google. Harriet and her team are very professional and personable and easy to deal with. They go the extra mile to get the job done and showed great care for a positive result. Recommend to anyone wanting a good experience.Posted on Yossi Friedman2023-09-26Trustindex verifies that the original source of the review is Google. Harriet and her team have been so generous in their advice and support of my new venture and I am so grateful for all their assistance