RAAus Status?

[jackc]

On looking at the RAAus WEB site., Its described as our peak body with volunteer directors being non profit organisation?

Forgive me IF I seem dumb but I thought it is a limited liability company?

So how does it actually work?

[octave]

https://asic.gov.au/for-business/registering-a-company/steps-to-register-a-company/registering-not-for-profit-or-charitable-organisations/#registeringassociation

 

 

Edited April 27, 2021 by octave

[kasper]

Sorry Octave.  We stopped being an incorporated association 5 years ago. Company limited by guarantee and a non-profit is what we are. 
 

directors are currently not remunerated but are directors of the company. 

[octave]

16 minutes ago, kasper said:

Sorry Octave.  We stopped being an incorporated association 5 years ago. Company limited by guarantee and a non-profit is what we are. 
 

directors are currently not remunerated but are directors of the company. 

 

OK I thought we were this but I must admit I am not on top of it. 

 

Registering as a company

Charitable and not-for-profit organisations can be registered as public companies limited by guarantee. This means the liability of the company’s members is limited. The limit is usually the amount members will contribute to the property of the company if it is wound up.

Registration of a company creates a legal entity separate from its members. This means the company can hold property and sue or be sued.

[jackc]

4 hours ago, kasper said:

Sorry Octave.  We stopped being an incorporated association 5 years ago. Company limited by guarantee and a non-profit is what we are. 
 

directors are currently not remunerated but are directors of the company. 

Why was it changed?  Were there any  benefits in changing RAAus structure.  Must be something there as I guess members would have voted on the day, for the change?

[FlyingVizsla]

1 hour ago, jackc said:

Why was it changed?  Were there any  benefits in changing RAAus structure.  Must be something there as I guess members would have voted on the day, for the change?

It was voted on by the members and changed.  This is not the first time the AUF has been a limited company.  They were decades ago, but decided to change back.  I would have to trawl though my magazines to find the saga, but I don't think they bothered involving membership back then.  As an Incorporated Association (what it has been for most of it's history) it has to be Incorporated in a particular State and subject to that State's rules.  I vaguely remember them being incorporated in Vic or NSW, but as a general rule of thumb, National organisations were Incorporated in the ACT, where they have been for years.

 

There was a lot of discussion on the pros & cons on this forum when it was happening.  There were rules about where the Secretary could live (had to be in the ACT) and reporting - audits etc.  So some positions were designated to be held by employees rather than Board members to comply.  The reporting was a bit of a joke.  The Company structure is National, so you don't have to be based in any particular State.

For members, little has changed.  We still have Board members - although fewer and with more legislated responsibility - we are still members, but limited by guarantee (I think that's $1 each), we are still flying, the failed audits and forced groundings are behind us, for those who "just want to fly" the weather is more of an issue than RAA being a not-for-profit company.

 

[pmccarthy]

The current structure is appropriate for the organisation. There were several limitations of the previous structure, well described at the time we voted.