Creating a rule book

If you want to become a charity or Registered Native Title Body Corporate (RNTBC), you will need some extra rules in your rule book.

Learn more about required rules for charities.

Learn more about required rules for RNTBCs.

Decide if you want to replace any replaceable rules

Review the replaceable rules and for each one decide if you will adopt it as it is or replace it.

Decide if you want to change rules

Review the rules from the CATSI Act that allow you to change them. Decide if you will adopt these rules exactly as they’re written in the CATSI Act or change the parts that are changeable.

Decide if you want to add other special rules

You can add rules for your corporation and include them in the rule book. Some corporations create rules about things that are not covered by the CATSI Act but that will help the corporation conduct its business. 

Step 2: Work out if you need to request any exemptions

The Registrar can grant exemptions to certain rules – this means that a corporation won’t have to comply with a rule in the CATSI Act. A corporation must apply for an exemption and it must appear in the rule book.

Write the rule in the proposed rule book as if the exemption has been granted.

Learn more about which rules corporations can be exempted from and how to apply.

Step 3: Get ORIC to review the proposed rule book (optional)

This is optional but can save a lot of time and energy if the rule book is checked before you call your members together. ORIC can review your draft rule book to check it complies with the CATSI Act and is workable before you ask your members to vote on it. 

This review is designed to draw to your attention any concerns about meeting the requirements of the CATSI Act, and is not a 'pre-approval'. Approval can only be provided by the Registrar or delegate.

Ask for help at info@oric.gov.au.

Step 4: Call your pre-incorporation meeting

Send the proposed rule book with the notice of the meeting to all the people who will become members of the corporation.

Step 5: Hold the meeting for members to decide

At least 75 per cent of people who have consented in writing to become a member of the proposed corporation need to approve the proposed rule book. This includes agreeing that any replaceable rules that aren’t written in the rule book still apply to the corporation.

If you don't hold a meeting, at least 75 per cent of members need to agree in writing to the proposed rule book.

Step 6: Add it to your application to register a corporation

Fill in an application for registration form (online is easiest) and attach to it:

• your proposed rule book
• any applications for exemption from certain rules
• evidence that the corporation’s proposed members passed a special resolution agreeing to the proposed rule book and to adopt any replaceable rules that aren’t written in it (e.g. minutes of the pre-incorporation meeting).

Evidence can be either:

• a document signed by the proposed members – detailing the above points, signed and agreed to by 75 per cent of the proposed members
• minutes from a pre-incorporation meeting – including details of the resolution, and a declaration by the chairperson that it was passed by 75 per cent of the votes.