not for
profit

Charities and other not for profits (NFPs) operate under laws unique to their sector. In striving to advance their core purpose, NFPs must manage issues around their governance, registrations, tax endorsements and legal structures, as well as day to day business challenges.

With the onset of COVID-19, NFPs now operate in an increasingly challenging environment. Many NFPs are being forced to consider additional ways to generate income and compete – including merger and acquisition activity, charity restructures, social enterprises and adopting attractive employment arrangements to attract talent.

Our expert NFP lawyers appreciate the challenging regulatory and commercial environment NFPs operate in. They understand what drives NFPs and how to help them achieve their mission. We stay abreast of developments to improve NFPs’ ability to compete for government funding, donor support and expanding the uptake of their services.

Charities and other not for profits (NFPs) operate under laws unique to their sector. In striving to advance their core purpose, NFPs must manage issues around their governance, registrations, tax endorsements and legal structures, as well as day to day business challenges.

With the onset of COVID-19, NFPs now operate in an increasingly challenging environment. Many NFPs are being forced to consider additional ways to generate income and compete – including merger and acquisition activity, charity restructures, social enterprises and adopting attractive employment arrangements to attract talent.

Our expert NFP lawyers appreciate the challenging regulatory and commercial environment NFPs operate in. They understand what drives NFPs and how to help them achieve their mission. We stay abreast of developments to improve NFPs’ ability to compete for government funding, donor support and expanding the uptake of their services.

We guide many NFPs through their establishment and operational phases, with particular focus on educational institutions, public benevolent institutions (PBIs) and charities with large property holdings. Our team includes members who have worked both in NFPs and in the regulators that oversee them, leading to unique insights embedded in the nature of our advice.

We also live our commitment to the NFP sector through the Macpherson Kelley Foundation, which supports a range of charities in the education, welfare, health and international aid sectors.

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services

we advise nfp clients across all areas of expertise, in particular:
acnc charity registration and compliance
charity structures and restructures
dgr endorsement (tax deductibility)
employment, anti-discrimination and volunteer advice
governance advice – directors’ duties, trustee changes, board disputes
governing document reviews – trusts, constitutions, rules
mergers and acquisitions for NFPs
we advise nfp clients across all areas of expertise, in particular:
acnc charity registration and compliance
charity structures and restructures
dgr endorsement (tax deductibility)
employment, anti-discrimination and volunteer advice
governance advice – directors’ duties, trustee changes, board disputes
governing document reviews – trusts, constitutions, rules
mergers and acquisitions for NFPs
private and public ancillary funds and foundations
school regulation advice
stamp duty, land tax and gst concessions
training in board governance, child safety, human resources practices
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client story
rsl (qld)

recent experience

  • establishing an Australian charity vehicle for a foreign parent

    We assisted an American-based charity, , establish an Australian subsidiary for the purposes of acquiring and running a permaculture education facility (one of many around the world).

    The matter involved complex negotiations for the acquisition of a 230 acre working farm that formed the educational base of the organisation and a working example of its proposed educational courses. We assisted the foreign parent establish an Australian charity vehicle, negotiate and acquire the working farm, navigate the foreign investment requirements for the farm acquisition, and obtained charitable endorsements for the new entity which enabled it to secure a sizable stamp duty exemption that was reinvested towards the charity’s initial working capital.

  • establishment of a school

    We worked with one of Indonesia’s largest charities,  to establish a school in Victoria as part of its global education network.

    The matter involved the establishment of an entity to acquire and hold the proposed school land, the establishment of a separate entity to operate the school, associated governance advice around issues involving the flow of funds between Indonesia and Australia, planning advice around the construction of a school in a remote area and assisting the school entity through the school registration process (including putting in place related party lease and loan arrangements).

  • sale of operations and assets

    We recently assisted a religious order with the sale of its aged care operations and assets to another NFP. With the involvement of multiple teams across our firm, we assisted the Order through the complex sale transaction, providing additional advice around the restructure of the Order’s retained operations to accommodate their future charitable goals, including their ability to provide overseas aid.

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