Other · Not-for-Profit, Charities & Associations
Constitution for a charitable company limited by guarantee (ACNC templates): selection and adaptation guide
Links to the ACNC's five template constitutions for charitable companies limited by guarantee, with a guide to choosing the right variant, adapting membership and board clauses, and checking not-for-profit, DGR and winding-up provisions.
- Kind
- Other. A precedent that fits none of the other kinds.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the official form at acnc.gov.au and the 6 authorities it cites, for Australia.
- Version
- 1
- Source
- Link to the official form
Where this comes from
The official form is published by acnc.gov.au; this page is a completion guide. Last checked on 2026-10-17.
When to use it
Use when forming a small charitable company limited by guarantee, or replacing an outdated constitution, and the ACNC template structure suits the client. Not designed for incorporated associations, trusts or companies with complex membership; use a bespoke constitution there.
How AI may be used
AI may compare a client's existing constitution with the chosen ACNC variant and list missing or inconsistent clauses. Choosing the variant, the charitable purposes and DGR-related clauses requires lawyer advice.
AI may
- Produce a clause-by-clause comparison between the client's constitution and the chosen ACNC variant
- Flag missing not-for-profit, winding-up and gift fund clauses
- Draft the special resolution and member notice for adopting the new constitution
AI must not
- Must not choose the template variant or the charitable purposes
- Must not advise that the entity qualifies for a charity subtype or DGR endorsement
- Must not alter the not-for-profit or winding-up clauses without lawyer instruction
The lawyer checks
- Purposes are charitable and match the subtype sought
- DGR and subtype clauses meet current ATO and ACNC requirements
- Membership, director and meeting clauses suit the client's actual governance
- Adoption steps and ACNC notification are complete
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Not-for-Profit, Charities & Associations
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- Model constitution for NSW incorporated associations: adoption and review guide
- Letter of appointment for Responsible People (board members), with AI oversight paragraph (adapted from the ACNC template)
- Charity board AI governance and acceptable use policy
- Donor and supporter privacy collection notice (including AI profiling and personalised fundraising)
All precedents for Not-for-Profit, Charities & Associations · Tasks and AI use in this area