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Starting a not-for-profit organisation
The not-for-profit sector faces unique legal issues. Whether you are starting a new organisation or formalising an existing group, it is important to understand the legal options available and the obligations that may apply.
Our resources can help you choose an appropriate legal structure and set up your organisation.
When starting a not-for-profit organisation, key questions include:
- What does 'not for profit' mean?
- Should your group incorporate or remain unincorporated?
- If you incorporate, which legal structure is right for your group?
- Should your organisation register as a charity?
Getting these decisions right early can save time, money and administrative effort, and help your organisation avoid legal difficulties as it grows.
Getting Started Tool: free online tool
Need help making working through these decisions? Our free self-help tool asks you a series of simple questions about your proposed organisation and provides information to help you understand your options and decide what to do next.
Before you start a not-for-profit organisation
Before setting up a not-for-profit organisation, take some time to think about:
- your group's purpose
- the activities it will carry out
- who will be involved, and
- how the group will be governed and managed
The way you organise your group is one of the most important decisions you will make. The right structure can help your group:
- carry out its activities effectively and lawfully
- avoid legal and governance issues as it grows or changes, and
- respond more easily if legal issues arise
Questions about your group: checklist
Our checklist helps groups think through the key questions to consider before starting a not-for-profit organisation.
Completing the checklist can help your group:
- clarify its purpose and activities
- identify who will be involved and how the group will operate
- spot legal and practical issues early, and
- make informed decisions about legal structure and governance
Next steps
Once your group is clear about its purpose, membership and activities, the next step is to decide whether it should operate as a not-for-profit or for-profit organisation.
See our resources on what 'not-for-profit' means to learn more.
The content on this webpage was last updated in July 2026 and is not legal advice. See full disclaimer and copyright notice.