How to set up a not-for-profit company

Written by admin

September 16, 2019

Written by David McDonald.

I was recently asked while watching my son play soccer if I knew how to set up a not-for-profit. After 9 years on the board of the Fremantle Foundation, I was able to answer that question.

The answer depends upon the type of legal structure you wish to use but a common structure that I would recommend is that of:

  1. A company limited by guarantee, which can be acquired from a provider of shelf companies;
  2. Adopt the model constitution as provided by the Australian Charities and Not for Profits Commission:;
  3. If you wish to create a public ancillary fund then a model trust deed is available at the ATO website:
  4. Justice Connect provides a guide for directors and officeholders running a charitable company limited by guarantee:

If you are considering setting up a public ancillary fund I recommend that you consider contacting Dylan Smith ([email protected]) at the Fremantle Foundation ( to consider whether a named fund within the Fremantle Foundation would suit your purposes better than establishing a new stand-alone public ancillary fund and having to comply with the obligations imposed upon the directors of the trustee company as set out in guide prepared by Justice Connect.

Lease Agreements

David has vast experience in preparing Agreements for Lease for the following types of purpose built properties: bulky...

What is a Mediation

A process where a mediator who is an impartial third party facilitates the process where parties in conflict negotiate...

Due Diligence on Franchise

Due Diligence on Franchise In this video, Commercial Lawyer Steven Pynt explains why you should carry out financial...