Build a winding-up and surplus-distribution checklist for an ACNC charity
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List steps, notices and surplus-asset clauses from the constitution against the ACNC Act, Charities Act 2013, state associations Act and, for DGRs, the ITAA 1997.
- What the lawyer must review
- Check the surplus clause and creditor priority
- Check DGR assets are transferred to another DGR
- Notify each regulator: ACNC; ASIC and Corporations Act steps for CLGs; state fair trading
- Check fundraising notices and final ATO steps
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.