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Setting up a Charity:

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Broadly speaking, a non-for-profit organisation may be a charity if the organisation has been established for a charitable purpose. Usually, a charity’s purpose or objectives are set out in the charity’s governing instrument. There are many groups or organisations that conduct fundraising for a charitable purpose that may be able to be classed as a charity.

What is a charitable purpose?

Generally, a charitable purpose could be grouped under one of the following: 

  • The advancement of religion;
  • The advancement of education;
  • The relief of financial hardship; or
  • A charitable purposes that is for the benefit of the community.

In New South Wales, there are many charities that carry out charitable work in a wide variety of areas. If you are considering setting up a charity, you may wish to determine whether a charity already exists for the charitable purpose you are considering establishing your charity for. Often, when we are giving advice to clients on setting up a charity, we recommend that our clients consider the services that they wish to provide as part of their charity and whether those services are different from the services offered by other charities in the marketplace. There are also a number of legal considerations that you need to think about if you are looking at establishing a charity.

If you are contemplating establishing a charity, it is important that you seek legal advice to ensure that you meet all of your obligations as a charity. Our association and charity lawyers have the experience that you can rely on to help you ensure that your charity is established in a way that meets all of the legislative requirements and fulfills the charitable purpose that you have set out to achieve. The most efficient way for us to gain a better understanding of what you would like to achieve in setting up your charity is to organise a meeting with you. You can meet with one of our charity and association lawyers in our Sydney CBD office.

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