Things to do before you apply

What you need to do before applying to incorporate a charitable trust board

A charitable trust board can be established by individuals (trustees) or by an unincorporated society. There are different requirements for each when applying for incorporation.

You can apply for incorporation online, by uploading the required form; or manually, by returning the form to us in the post or by email.

1. Gather the information you’ll need

When applying to incorporate as a charitable trust board you’ll be asked to provide the following information:

  • the name you’ve chosen for the board
  • the address of your registered office
  • an address for communication with us
  • the names and addresses of the trustees or society members
  • the signatures of the trustees or society members.

Choosing a name

Before choosing a name for your trust board, be sure that you can use it. Your application will be rejected if the name you have chosen is unavailable.

There are some restrictions

The name you choose cannot contain certain words (for example, ANZAC, Royal) the use of which are prohibited by other pieces of legislation.

It cannot be identical or almost identical to that of another charitable trust board, or other body corporate (for example, a company or incorporated society), unless that organisation gives its written consent to us.

We may also reject names that are considered to be offensive or not in the public interest.

Learn about names that contravene other legislation Companies Register

How to be sure the name is available

You can search for a charitable trust board on this website, or use the search options on the Companies Office websites to perform a broader search of body corporates and other entity types.

Search for trust boards Search for a company Search other registers

Your registered office address

Regardless of the type of board, a charitable trust must have a registered office. This address should be a physical location and include the street number in a town or city.

If the address is a named building, this name should be provided. If the building has more than one floor, or is made up of a suite of offices, then the floor or suite number should also be included.

You cannot use a post office box, private bag or DX address as the registered office.

2. Prepare your forms and documents

The application form you’ll be required to complete, and the documents you’ll need to submit, will depend on whether you’re applying for incorporation of trustees, or a society.

Types of trust board

Trustees as a board – what to submit

Trustees applying to incorporate as a charitable trust board must complete the an application form (Form CT1).

The application form must be signed by a majority of the trustees (original signatures only). There must be at least one trustee.

Each applicant is required to provide their full name, physical address and signature on the application form.

As part of the application, you’ll be asked to provide a statutory declaration by one of the applicants, under the Oaths and Declarations Act 1957, either identifying other trusts through which applicants hold property, or stating that there are no other trusts. The declaration should be dated on the day the application is made.

You’ll also need to submit a copy of your trust deed, and any amendments to that document. This must be certified by one of the applicants, and include the following statement:

“I hereby certify that this is a correct copy of the trust deed the [name of trust board] as per section 10(2)(a) of the Charitable Trusts Act 1957.”

Trust deeds and rules

Download the application form you need

If you're applying online you will still need to prepare an application form to upload.

Form CT1 – Application by trustees for incorporation as a charitable trust board (Online application) PDF, 209 KB opens in a new window

If you're going to apply manually by submitting PDF forms, you'll need to download and complete a slightly different version of the application form.

Form CT1 – Application by trustees for incorporation as a charitable trust board (Manual application) PDF, 223 KB opens in a new window

Society as a board – what to submit

A society applying to incorporate as a charitable trust board should complete the application form CT2.

An application for incorporation can only be made by a society if authorised by the society's members. This requires that:

  • the application is approved by a majority of the society’s members at a meeting
  • reasonable notice is given to members of the intention to hold that meeting, and its purpose
  • the application is authorised by the rules of that society.

The application must be signed by at least five members of the society, or, where there are trustees for that society, by the majority. Each applicant must provide their full name, physical address and signature on the application form.

Download the application form you need

If you're applying online you will still need to prepare an application form to upload.

Form CT2 – Application by a society for incorporation as a charitable trust board (Online application) PDF, 206 KB opens in a new window

If you intend to apply manually by submitting PDF forms, you'll need to download and complete a slightly different version of the application form.

Form CT2 – Application by a society for incorporation as a charitable trust board (Manual application) PDF, 210 KB opens in a new window

You’ll also need to submit:

A copy of your constitution, or set of rules

This must be certified by one of the applicants, and include the following statement:

“I hereby certify that this is a correct copy of the rules of the [name of trust board] as per section 10(2) of the Charitable Trusts Act 1957.”

If there are no rules, one of the applicants should instead provide a statutory declaration describing the purpose of the society, how it operates, and how persons becomes a member, or cease to be a member.

Trust deeds and rules

A statutory declaration

This statutory declaration needs to confirm that the society has authorised the application, and describe the way in which this authorisation was obtained.

3. Apply for incorporation

You’re then ready to file your application for incorporation.

Trustees applying to incorporate a trust board

Society applying to incorporate a trust board

Other guides in
Starting a charitable trust board

Other help topics

Getting started on the register

Searching the Charitable Trusts Register

Keeping charitable trust board details up to date

Ending a charitable trust board

Restoring a charitable trust board to the register

Managing your online account

Forms

View all topics