This type of business structure prevents distribution of company profits to its Members and for that reason, it is appropriate for not-for-profit or charitable organisations. Public Companies Limited by Guarantee can usually apply for taxation concessions through the Australian Taxation Office (ATO), such as Deductible Gift Recipient (DGR) endorsement if they wish to operate as a charity. This type of public company incorporation must have at least three Directors, two of whom must reside in Australia, and one Secretary (can be one of the Directors).
We provide two types of Limited by Guarantee constitutions – both satisfy the requirements to register with the Australian Charities and Not-for-profits Commission (ACNC) as well as meeting the general requirements for gaining DGR endorsement with the ATO.
Our standard Limited by Guarantee constitution allows payments to be made to directors (in their capacity as directors). If you do not go on to register your company with the ACNC, the annual renewal fee payable to ASIC is $1161.00. (If you register your company with the ACNC there are no annual renewal fees).
Our second Limited by Guarantee constitution prevents payments to be made to directors and therefore satisfies the ASIC requirements to become a special purpose not-for-profit company. The annual renewal fee payable to ASIC for this type of company is $46.00.
Please click here to read more about Limited by Guarantee companies and information to help you decide which constitution is right for you.
From $851.50 (inc GST) for email version
We offer an online, email version of your Certificate of Registration and company register documents for only $851.50 (inc GST). The Patricia Holdings fee is $456.50 (inc GST) and the ASIC fees are $395.
Optional printing, binding and delivery - an additional $126.50 (inc GST)
If you would like your documents printed, bound and delivered it is an extra $126.50 (i.e. $978).
A Company Common Seal is no longer a legal requirement for companies under the Corporations Act. If you require a Company Seal please advise us when ordering the company. The additional cost for the Common Seal will be $66.
What is included in the Limited by Guarantee Company Package?
- A4 55mm black binder
- 1 bound and 1 hole punched copy of constitution (extra copies available for $11 each)
- Instruction sheet
- Copy of ASIC Form 201
- Completed Secretarial Register Pages
- Resolution of Members
- Resolutions of Directors
- Consents to Act as Director/Secretary/Public Officer
- Register of Directors
- Register of Secretaries
- Register of Members
- Register of Mortgages & Charges
- Common Seal Register
- Company Common Seal ($66 extra)
- Bank Account Kit ($22 extra email / $27.50 delivered)
- Downloadable Corporate Register File (.cmy) ($16.50 extra)
How long does it take to register a Limited by Guarantee Company?
Normally, ASIC will issue the ACN and Certificate of Registration within an hour. This Certificate of Registration will be emailed to you immediately upon receipt by Patricia Holdings. On occasion there may be delays out of our control.
For email delivery companies, the entire company register documentation will be emailed to you within 2 hours.
If you have selected to have your documentation printed, bound and couriered, documents will be delivered within 4 working hours for Sydney CBD and lower north shore areas (order must be received by 12pm for same day delivery), and will be sent by overnight courier for next day delivery to Brisbane and Melbourne (order must be received by 4pm for delivery the next day) and within a couple of days to Perth and regional areas.
Please note that the Corporations Legislation requires companies to maintain written consents and agreements of its officeholders and members as part of its record keeping responsibilities.
You can print off Consent templates here. Please ensure these are completed prior to incorporating your company and keep them for filing in your company register. You do not need to provide these to us.