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Not-for-Profit

Not-For-Profit organisations are operating in an environment which is increasingly regulated and complex. Wallmans has specialist expertise to assist Not for Profit (NFP’s), B Corporations and social enterprises at each stage of their lifecycle.  We work with a range of NFP’s spanning industries including the Health, Education, Aboriginal and Torres Strait Islander Community Controlled, Disability, Environmental, Welfare, Technology and Research sectors. 

As a full commercial practice we can assist NFP’s at all stages of their operation, including establishment, structuring and registration, tax considerations and exemptions, applying for charitable registration (DGR and PBI), board governance, intellectual property protection, trust administration, marketing, social media and promotions, crisis management, property and leasing, employment issues and dispute management. 

A key area of our expertise is advising in relation to governance, crisis and risk management. We assist with issues such as board functions and duties, board composition and executive recruitment and compensation, disputes within Boards, disputes with Members, regulatory compliance and investigations.  Our team provide advice on issues impacting the day-to-day operation of a NFP, including board charters, constitutions, rule books, code of ethics and guidelines, as well as procedures, policies, insurance and member communication.  We have extensive experience in assisting organisations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Our lawyers are known for their specific knowledge of the range of compliance and regulatory frameworks NFP’s operate within,  both in SA and nationally, and are able to assist with the provision of practical and straightforward advice. We have experience dealing with ACNC, ASIC, ATO, ORIC and State and Territory offices.  Our advice extends to privacy and freedom of information. 

Additionally we assist our NFP clients with funding, grant agreements and legislative submissions as well as documenting partnerships, joint ventures and collaborations.   We have experience advising on mergers between NFP’s, de-registration as well as restructuring and transfers to company structures. 

We are skilled as protecting intellectual property including copyright, trade mark law, domain names, licensing, confidentiality and the protection of research and data.  We have acted for NFP clients in bringing infringement action for breach of intellectual property as well as defending claims against NFP’s for breaches.  

With the support of our dedicated Estates Planning and Litigation practice we have assisted NFPs build bequest programs, as well as defending bequest assets in litigation on behalf of various NFP’s. 

Active in the sector, our team of lawyers advising NFP’s participate as board and committee members on various charitable organisations, provide adhoc pro-bono legal advice and advisory services. The firm operates a quarterly complimentary NFP seminar series which covers relevant legal issues facing the sector, aimed at executive and senior staff.  Additionally, the firm operates a yearly Official Charity program, supporting via the donation of funds, volunteering, fundraising and the provision of pro-bono legal advice. 

Not for Profit Services 

  • Structuring
  • Charity registration
  • Charitable trusts
  • Mergers and deregistration
  • Tax exemptions and tax deductible status
  • Governance (including providing governance training to Boards and communities)
  • Regulatory compliance including ACNC, ASIC, ATO and State/Territory offices 
  • Grants, funding and legislative submissions
  • International fundraising structures
  • Employment issues and income tax
  • Marketing and sponsorship
  • Intellectual property
  • Privacy
  • Fundraising and promotional licensing
  • Property and leasing
  • Disputes and litigation