How Do I Form an Aboriginal Corporation in Australia?

Registration under the CATSI Act provides Aboriginal and Torres Strait Islander corporations with certain benefits.

According to Australia's Office of the Registrar of Indigenous Corporations (ORIC), you can take advantage of certain benefits by applying under the corporation's Aboriginal and Torres Strait Islander Act 2006 (CATSI Act). Under the rules of this act, corporation members can opt not to be liable for corporate debts, govern the corporation according to Aboriginal or Torres Strait Islander customs and traditions, operate nationally, and access assistance from the Registrar of Aboriginal and Torres Strait Islander Corporations. In addition, the registration is free.

Things You'll Need

• Computer with Internet connection
• Computer file storage device (DVR, flash drive, floppy disk)
• Members of proposed corporation

Instructions

1. Download the "Application for Registration" form from the ORIC website.

   oric.gov.au

2. Fill out the form. Provide your personal details-- your name and contact details--as well as those of the corporation--its name, address, size and member liability. You also have to provide the names and contact details of a contact person or secretary, all corporation members and all corporation directors.

3. Create a rule book to outline the operational details of the proposed corporation. You should include all applicable laws and rules, both the laws that cannot be changed and those that can be changed and replaced. You can use the rule book e-tools on the ORIC website to help you prepare a digital rule book for your proposed corporation. Make sure to save the file on a floppy disk, DVR or flash drive device as a back-up.

4. Hold a meeting with all the members of the proposed corporation and assign someone to take down the meeting minutes. All the members must review the corporation guidelines and the rule book. Hold a nomination for the directors, contact person or secretary.

   At least 75 percent of all the members must agree to the incorporation plan. You can provide evidence of agreement by providing minutes from the meeting or a resolution document signed by at least 75 percent of the members.

5. Compile the completed "Application for Registration" form, the proposed rule book and proof of at least 75 percent agreement-to-registration. Send these documents via e-mail, fax or post:

   e-mail: [e-mail]

   fax: [phone]

   Post: Office of the Registrar of Indigenous Corporations

   P.O. Box 2029

   Woden ACT 2606

Tips & Warnings

• If your proposed corporation has difficulties complying with CATSI laws, you can apply for an exemption (for example, if your corporation will have fewer than five members). Download the "Exemption Form" from the ORIC website, complete it and send it in with your application. ORIC will only grant an exemption if the rule is inappropriate for your situation or if it inflicts an unreasonable burden on your corporation.

References

• Office of the Registrar of Indigenous Corporations: Registration Options
• Office of the Registrar of Indigenous Corporations: Steps to Register

Resources

• Office of the Registrar of Indigenous Corporations: Forms for Registering
• Office of the Registrar of Indigenous Corporations: Rule Book