Confirming the legal entity status of an applicant

As part of the application assessment process, the Community Grants Hub (the Hub) is responsible for undertaking legal entity checks for organisations who apply for grant opportunities. These checks confirm the entity type of the organisation applying for funding and verify whether an organisation has the legal capacity to enter into a legally binding agreement.

An organisation’s entity type may also be relevant to determine part of an organisation’s eligibility for grant opportunities it has applied for.

How the Hub will verify organisation details and legal entity status

The Hub utilises a number of public facing websites for information to validate an organisation’s entity type. These sources are listed below.

If the Hub is unable to verify the organisation entity type of an applicant using the sources listed below, additional information from the applicant may be requested and advice may be sought.

ABN Lookup

All organisations are asked to supply an Australian Business Number (ABN), which will be verified on the Australian Business Register website (ABN Lookup). The Hub uses ABN Lookup as a guide to identify the entity’s ABN status, legal name as registered, GST and Australian Charities and Not-for-profits Commission (ACNC) registration status.

Australian Charities and Not-for-profits Commission

The ACNC is the national regulator of charities. The Hub will verify if an organisation is registered on this website to determine its charity registration status.

The legal entity type is determined via the following publicly available websites:

Australian Securities and Investments Commission (ASIC)

A valid and current entry on the ASIC register alongside State Registers is used to determine the status of a Company, Cooperative and Incorporated Association, as well as business name registration.

Office of the Registrar of Indigenous Corporations (ORIC)

Indigenous Corporations have a valid and current ORIC registration with an Indigenous Corporation Number (ICN). More information is available on the ORIC website.

Documentation that may be used to verify legal entity status

The Hub will contact the organisation to obtain copies of the below documentation when required or if they are not provided with an application.

Companies

A Company is incorporated under the Corporations Act 2001 (Cth).

A Company must be registered with ASIC for the Hub to validate its entity type. Companies must have an Australian Company Number (ACN). The relevant ACN should always be reflected on relevant documents in addition to any ABN.

Cooperatives

A Cooperative is an entity which has been established and/or registered under the relevant legislation in the state or territory in which it was formed. A Cooperative must be registered with ASIC or relevant State Registers for the Hub to validate its entity type.

Incorporated Associations

An Incorporated Association must be incorporated or registered under the relevant Incorporated Associations legislation in the state or territory in which it was formed.

Incorporated Associations must have a Registration number and be registered with ASIC and/or State Registers. The Hub will use ASIC and/or State Registers to validate its entity type.

For organisations established through specific Commonwealth or state/territory legislation

The Hub will review the relevant legislation under which the body was formed to determine its legal entity status. This is applicable for the following entity types:

Statutory Entity

A Statutory Entity is a public enterprise brought into existence by a Special Act of the Parliament. The Act defines its powers and functions, rules and regulations governing its employees and its relationship with government departments.

Non-corporate State or Territory Statutory Authority

A Non-corporate State or Territory Statutory Authority is an entity that is separate to the state or territory but is not strictly a body corporate. For example, it may be a commission, a commissioner, an authority, or other statutory position to which a person or persons may be appointed. It is established by state or territory legislation.

Corporate Commonwealth Entity

A Corporate Commonwealth Entity is a Commonwealth entity that is a body corporate established by a law of the Commonwealth (that is, created and incorporated under specific legislation). It is legally separate to the Commonwealth and has the capacity to enter into contracts in its own right.

Non-corporate State or Territory Entity

A Non-corporate State or Territory Entity is an entity that is part of the state or territory. It represents and acts on behalf of the state or territory. It is not legally separate to the state or territory. Known as Departments of State in South Australia and Directorates in the ACT.

Corporate State or Territory Entity

A Corporate State or Territory Entities is a state or territory entity that is a body corporate. It is legally separate to the relevant state or territory and has the capacity to enter into contracts in its own right. They are established under state or territory legislation.

Non-corporate Commonwealth Statutory Authority

A Non-corporate Commonwealth Statutory Authority is an entity that is separate to the Commonwealth but is not strictly a body corporate. For example, it may be a commission, a commissioner, an authority, or other statutory position to which a person or persons may be appointed. It is established by Commonwealth legislation.

Non-corporate Commonwealth Entity

A Non-corporate Commonwealth Entity is a Commonwealth entity that is part of the Commonwealth and which represents and acts on behalf of the Commonwealth. This includes Commonwealth Departments that is, a Department of State, as recognised by the Administrative Arrangements Orders and Parliamentary Departments.

A trustee on behalf of a trust

A Trust is a relationship in which an obligation is imposed on a person or other legal entity to hold property for beneficiaries of the trust. A Trust cannot enter into an agreement. The trustee(s) of a Trust is a person or legal entity that administers the trust and can enter into agreements on behalf of the Trust (provided the terms of the trust deed permit it to do so).

The Hub will review trust deeds to determine the trustee’s capacity to enter into a legal agreement. Proof of the status of the trustee as a legal entity is also required, including reviewing the relevant Trust Deed to ensure the trustee has been validly appointed as the trustee of the trust.

Sole Traders

A Sole Trader is a Person/individual carrying on an enterprise who trades in their own right, and controls and manages their business. An individual is legally responsible for all aspects of the business, and personally responsible for debts and losses incurred in carrying on their business.

An individual may trade under their own name or may operate under a separate registered Business Name.

Person

A Person is a natural person, a human being. A Person will not have an ABN, so must supply a Statement by a Supplier as part of any application process (see Australian Taxation Office for further information).

Partnerships

A Partnership is an agreement between 2 or more people or entities who do business together as partners and/or receive income jointly. Partners share responsibility for debts, losses and obligations which any individual Partner may take on in the course of conducting the business or activities of the Partnership.

While the Partnership itself is not a legal entity, Partnerships can be made up of individual Partners who may be legal entities. One of the Partners can apply for a grant with their own ABN and, if selected, the department may enter into a grant agreement with one or more Partners.

The Hub will use the ABN Lookup and this is the only necessary proof required of legal entity status.