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Hannah Fraenkel

senior associate, commercial | not for profit

meet Hannah

about Hannah

Hannah Fraenkel’s introduction to the not for profit (NFP) sector began with a job writing grant applications for organisations while at law school. That introduction to the NFP sector sparked a strong interest in her professional life to helping those helping others.

Through insights gained from working in the Not-for-profit space in both private practice and in a senior regulatory role at the Australian Charities and Not-for-profits Commission, Hannah brings a unique understanding of the complexities that govern charitable organisations. For her, the complex problem solving she faces on a daily basis makes the job exciting.

Ensuring she has a clear understanding of her clients’ objectives and goals is always key for Hannah. Using her commercial, regulatory and tax background, Hannah is able to provide technical but practical advice clients can act on. Ultimately, Hannah wants to ensure the long-term success of the organisations she represents so they can keep helping the communities they work in.

“Through my advice to clients, in a way, I am able to protect them and their organisation so they can worry about delivering on their mission. My clients trust me that I will get them the right results to help them achieve their objectives.”

Areas of Expertise

charity structuring and re-structuring
commercial law
compliance and audits of not for profits
corporate governance
gst advice
member disputes
registrations as charities
state taxes
tax endorsements

industries

education
not for profits
public benevolent institutions
religious organisations
statutory authorities

recent
experience

  • pbi restructure

    While assisting a client with a new business acquisition, Hannah identified an issue with the charity’s existing activities extending beyond the charity’s ACNC endorsement category.  Hannah worked with the charity to restructure its operations, moving activities and programs that fell outside the charity’s core purpose into a newly established company, ensuring the existing charity could continue to pursue its core activities (and expand those activities) in a way that didn’t jeopardise its valuable tax concessions afforded to it as a public benevolent institution (PBI). Beyond the legal documents required in this restructure, Hannah’s role included helping the charity modernise, refine its charitable mission and create a clear growth strategy for its future.

  • statutory authority review

    Acting for a statutory authority established by the Victorian Government to operate and promote a unique historical museum, Hannah advised the authority through a complex overlap of Commonwealth tax endorsement and State legislation, ensuring the authority continued to benefit from  income tax exemption, deductible gift recipient endorsement, recognition as a ‘charity-like’ government entity (for fundraising purposes) and the ability to treat its significant annual fundraiser as GST-free.

     

    Preparing for a State Government proposed update of the authority’s governing legislation, the highly technical yet practical assistance Hannah provided positioned the authority well for this significant future step. The complexity in this matter highlighted the need for expert advice that brought together tax, charity law and corporate advisory knowledge.

  • structuring advice with home care package & ndis funding

    During the COVID-19 pandemic, a large, well-established charity approached Hannah about an exciting new commercial enterprise they were looking to undertake and how to best go about it. The venture touched on a number of Government funding regimes (Aged Care Home Package funding, NDIS funding, and COVID-19 specific emergency funding), convoluted GST positions as well as general structuring and risk issues.

     

    Hannah advised on  the recommended legal and contractual structuring on the differing nature of invoicing required dependent on the funding status of the customer. Having regard to the charity’s unique endorsement as a public benevolent institution, the charity’s purpose under its constitution and its ability to utilise its strong reputation as a welfare provider to the community to access Government funding as part of the new initiative, Hannah helped design a venture that delivered maximum available benefit and value to the charity and its patrons. This advice has helped the client identify new ways to ensure its sustainability during COVID-19.