组织化概念普及(八)：商业活动和金钱收入

mason00

Commercial activities and monetary gain
商业活动和金钱收入

Incorporated associations
The Associations Incorporation Act 2009 (the Act) facilitates the incorporation of associations engaging in small-scale, non-profit and non-commercial activities.
法人化组织法2009有利于组织坚持小型化，非营利和非商业化

Organisations engaged in commercial activities are not eligible for incorporation under the Act.
组织致力于商业活动在法律下是不适合法人化的

NSW Fair Trading takes into account a number of factors when considering if an association is or is likely to be engaged in commercial activities, including:
NSW Fair Trading从以下几个因素考量 一个组织是否致力于商业活动：

•the nature and extent of the proposed activities, including dealings with the public
•if the commercial money-making activities will be a major part of its operations
•if the proposed activities will be undertaken in a normal commercial manner
•if goods or services are restricted to members or available to the general public
•if it is operating on a profit basis rather than a cost-recovery basis
•if it is operating in competition with businesses undertaking the same commercial activities.
组织活动的核心以及外延，包括如何处理 公众关系
商业化赚钱活动是否是组织主要活动
组织活动是否被认为是正常的商业化形式
产品与服务是否对成员有限制，是否对大众公开
运营是以营利为基本还是自我维护为基本
是否与同类型的商业活动形成竞争关系

The Act also prohibits an association from providing pecuniary (monetary) gain for its members. A breach of the Act could result in:
法律同样禁止组织为成员提供获得钱财的途径，违法可能招致 ：
•cancellation of incorporation
•prosecution
•penalties.
取消法人化
起诉
罚款
An association provides monetary gain for its members if it:
组织是否为成员提供钱财由以下几个判断：

•carries on an activity for the purpose of securing monetary gain for its members
•has capital that is divided into shares or stock held by members
•holds property in which the members have a disposable interest.
持续进行保证成员收入的行为
有资金以股份的形式分派给成员
拥有成员可以任意使用的财产

Activities not considered as securing pecuniary gain include, where:
不被认为保证获得钱财的行为有：

•the association itself makes a monetary gain
•the association is established for the protection of a trade, business, industry or calling in which the members are engaged or interested, but the association does not engage or take part in
•the association provides members with facilities or services for social, recreational, educational or other similar purposes
•members obtain monetary gain from the association in the form of remuneration (ie salary/wage) for a proper purpose
•members obtain monetary gain from the association that they could otherwise gain if they were not a member
•members compete for trophies or prizes in contests directly related to the objects of the association.
组织本身赚钱
组织建立以保护成员们感兴趣的贸易，商务，工业或者召集，但是组织本身不参与
组织为成员提供社交，娱乐，教育或者类似的目的的便利以及服务

FreeOZ是属于谁的？组织化概念普及