By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
Not-for-profit legal work can concern setting up an organisation, changing its structure, managing a board, receiving grants or resolving a member dispute. Explain the organisation's purpose and current legal form. Not-for-profit operation, charity registration and tax treatment are related questions but should not be assumed to be interchangeable. The first discussion should establish which approvals and responsibilities actually apply.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find not-for-profit & charity law providers →Start with the governing documents and activities
Provide the constitution or rules, incorporation information, registrations and a description of what the organisation does. Identify the committee or board and who is authorised to instruct a lawyer. If you are a member raising a concern rather than acting for the organisation, make that clear. Ask whether the adviser represents the organisation or particular individuals.
Connect governance questions to practical decisions
Explain the proposed decision: changing purposes, appointing people, transferring assets, managing a conflict or entering a grant-funded project. Keep the relevant notices, minutes and funding terms together. A governance review should consider how the decision will be made and documented, not merely rewrite a rule without regard to membership or funding commitments.
Check the different layers of obligations
The ACNC provides guidance on charity structures and obligations, while other requirements may arise from incorporation, fundraising, employment or particular activities. Ask the adviser to identify the relevant regulators and areas outside the proposed review. If the organisation is closing or merging, raise restrictions on assets, grants and records before assuming they can simply be transferred.
Separate charitable purpose, structure and daily authority
A charitable purpose does not by itself establish the best legal structure or who may sign contracts. Describe the organisation's activities, funding, membership and intended decision-making. Provide its governing document and registrations, distinguishing an informal group from an established legal entity. Ask how governance, employment, fundraising and service contracts interact, and which regulator requirements apply. A useful engagement can prioritise immediate governance gaps while identifying operational policies or specialist tax advice that need separate work and responsible owners.
Compare the scope and cost of advice
Compare advisers against the commercial decision you need to make. Give each office the same transaction stage, documents and objective, then ask for a first-stage deliverable. A review, a negotiation and ongoing business advice are different services. Record which financial assumptions need your accountant's input and who will coordinate any specialist work before a commitment is made.
- Review and advice
- Ask for the issues identified, their practical effect and the decisions you must make. Confirm whether written advice or a marked-up document is included.
- Drafting and negotiation
- Ask who communicates with the other party, how revisions are priced and what happens if the deal changes materially during the work.
- Completion or implementation
- Confirm responsibility for approvals, signing, records and follow-up tasks. Ask which registrations, searches or external professional costs sit outside the legal fee.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A community group receives a restricted grant and wants to merge with another organisation. It seeks advice on the rules, funding terms and asset transfer together, rather than treating the merger as a simple name change.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
We are [forming or operating] an organisation for [purpose]. Our current structure and registrations are [details or unknown]. We need help with [governance, agreement or compliance issue]. Can you review our governing documents and propose a prioritised scope?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about not-for-profit & charity law
Is every not-for-profit a registered charity?
Do not assume so. Ask the adviser to distinguish the organisation's legal structure, charity status and tax arrangements.
Can a board member instruct the lawyer alone?
Clarify authority and who the client is before work starts, particularly where the board or membership is divided.
Further reading and scope
ACNC: choosing a legal structure
Australia; structure choices for prospective charities.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.