组织化概念普及(六)：合法及报告义务

mason00

Statutory and reporting obligations
合法及报告义务

Incorporated associations
Incorporation benefits an association and its members. However, it also brings a number of responsibilities.
组织对赋予它的成员利益，也为带来责任

Committee members and the public officer are primarily responsible for ensuring an incorporated association complies with its statutory and reporting obligations.
委员和PO负有确保法人化组织合法以及报告的主要义务。

Failure to comply with these obligations may lead to the issue of a penalty notice, prosecution, or in some instances, cancellation of the association's incorporation.
不合法的情况会导致罚款，起诉，在某些情况下导致法人化组织被取消。

Incorporation of associations
Management of associations
Associations records
Public officer
Annual general meetings
Financial reporting
General obligations
Do we have obligations under any other legislation?

Incorporation of associations
组织的法人化
An application for incorporation of an association must be authorised, in the approved form and include:
组织法人化的申请表格必须被批准，包括：

•the proposed name of the association
•the official address
•the proposed constitution
•a statement of objects
•the name of the first public officer.
组织名称
办公地址
章程
目标申明
第一位PO的名字

An association must pass a special resolution to change its name, objects or constitution. NSW Fair Trading must receive an application within 28 days of the resolution.
组织必须通过特定的流程来更改名称，目标或者章程。NSW Fair Trading必须在28天内收到更改申请。

The public officer must advise Fair Trading of a change of official address within 28 days after the current address becomes obsolete or unusable.
PO必须在28天通知Fair Trading办公地址的改变
Refer to sections 6, 10 and 12 to 14 of the Incorporated Associations Act 2009 for more information.
参照法人化组织法2009章节6，10，12，14获得更多信息

Management of associations
组织管理
An association must establish a committee to manage its affairs. The committee must include three or more members, over 18 years of age and at least three of whom reside in Australia. The public officer may be a member of the committee.
组织必须成立委员会来管理事务。委员会必须有三个以上成员，超过18岁，并且有三位是澳洲居民。PO可以使委员。

Members of the management committee must disclose any interest in a matter that conflicts with their ability to perform their duties. They must not use their position or information acquired as a committee member dishonestly.
委员必须披露与他们履行义务冲突的利益关系。他们不能使用他们的地位或者信息不忠。

A former committee member must ensure that all documents of the association in their possession are delivered to the public officer within 14 days of vacating office.
前任委员必须在14天内向PO转交任期内所有组织文档。
Refer to sections 28 and 31 to 33 of the Act.
参照法人化组织法，章节28,31,33。

Associations records
组织记录
An association must keep the following records:
组织必须保存一下记录：

•a register of committee members, available for inspection by anyone
•a record of any committee member conflicts of interest, available for inspection by members
•a record of the association's financial transactions and position
•all minutes of the proceedings of committee and general meetings.
委员会名册，允许任意人常洵
委员的利益冲突，允许成员查询
组织的财务记录和状况
委员会以及普通会议的会议记录

An association should keep the following records:
组织应该保存
•a register of members
•a register of authorised signatories.
成员名册
授权签名登记

These records must be in English or accompanied by an English translation.
这些记录必须使用英文或者有英文翻译
Refer to sections 29, 30 and 50 of the Act.

Public officer
An association's committee must appoint a public officer who is over 18 years of age and a resident of New South Wales.
组织对委员会必须制定PO，超过18岁并且是NSW的居民。

The public officer is, by virtue of that office, an authorised signatory for the association.
PO是组织代表，组织的授权签字者。

The committee must fill any vacancy in the office of public officer within 28 days of that vacancy and the new public officer must advise Fair Trading the details of the appointment within 28 days of taking office.
委员会必须在PO离职28天内补充PO，新PO必须在到职期后28天内报告Fair Trading。

A former public officer must ensure that all documents of the association in their possession are delivered to a committee member within 14 days of vacating office.
前任PO必须在离职14天内确保将任期内所有文档转交给一位委员。
Refer to sections 34 to 36 of the Act.

Annual general meetings
年会
The associations annual general meeting (AGM) will take place within 6 months of the close of the association's financial year or within a timeframe allowed by the Director-General.
组织年会(AGM)要在组织财年结束后6个月之内举办，或者依照地方长官设定的时间

A newly incorporated association must hold its first annual general meeting within 18 months of registration.
新成立的法人化组织必须在注册18个月内举办第一次年会。

Association’s are required to submit their financial statements for the previous financial year to the annual general meeting. The nature of the financial statements submitted to the AGM must be in accordance with the category of association, either Tier 1 or Tier 2.
组织需要提交在年会上提交上一年度财务报给。财务报告必须与组织类别符合，Tier1或者Tier2
Refer to sections 37, 44 and 48 of the Act.

Financial reporting
财务报告
The Associations Incorporation Act 2009 divides associations into two tiers for reporting purposes.

Larger, or Tier 1 associations, whose gross receipts exceed $250,000 or current assets exceed $500,000 are required to submit audited financial statements each year to the members at the AGM.
法人化组织法2009将组织报告要求划分为两种。大型或者Tier1组织，收入总额超过$250,000或者当前资产超过$500,000需要在AGM上向成员提交审计过的财务报告
Smaller, or Tier 2 associations are required to submit a summary of their financial affairs to the AGM.
小型或者Tier2组织需要在AGM上提交财务汇总
Associations must lodge annual financial summaries in the approved form with the Director-General within 1 month after the AGM.
AGM一个月后，组织必须向地方长官登记财务汇总
Refer to sections 42 to 49 of the Act.

General obligations
一般义务
An association must not secure a monetary gain for its members. The association itself may make a profit, and it may use its profits to further the objects for which the association was established. Members may only receive legitimate payments for service from the association.
组织不能保障成员的钱财收入。组织本身可以盈利，并且将盈利用于组织的目标。成员只可能获得合法的服务费。
An association's full name (including the word 'Incorporated' or the abbreviation 'Inc') must appear in legible characters on any letter, statement, invoice, notice, publication including website, order for goods or services or receipt in connection with its activities.
组织全称加上＂Incorporated＂或者缩写＂Inc．＂必须以清晰的字母形式出现在官方文档中，包括所有的商务信件，申明，发票，收据，通告，出版物(包括组织网站)，订单，服务和相关收入

If an association wishes to cancel its incorporation, the Director-General must approve any proposed distribution of surplus property.
如果组织希望取消法人化，地方长光必须批准任何组织剩余财产的转移。
A person must provide the Director-General with information or documents as requested concerning the affairs of an association.
个人必须向地方长官提供有关组织的信息或者文档
Refer to sections 40, 41, 50, 65 and 85 of the Act.

FreeOZ是属于谁的？组织化概念普及