Confirming your legal entity status
As part of entering into a grant agreement with the Commonwealth of Australia, an organisation may be asked to verify its legal entity status to make sure it has the legal capacity to enter into a legally binding agreement. This may involve a request for documentation, including proof of any name changes.
To maintain a fair and equitable process for all applicants, the Community Grants Hub is unable to provide assistance in, or undertake on behalf of an applicant, the determination if an applicant’s legal entity status meets the eligibility requirements. Applicants are required to self-determine their organisation's legal entity’s eligibility in reference to the grant’s eligibility requirements.
Tools used to verify legal entity status
All organisations are asked to supply an Australian Business Number (ABN), which will be verified on ABN Lookup. ABN Lookup is also used to identify the legal name and entity type of your organisation. Please make sure your entry on ABN Lookup is current and correct. If you do not supply an ABN, any funding you receive may be subject to withholding at a rate equivalent to the top marginal income tax rate (see the ATO Website for further information).
Australian Securities and Investments Commission (ASIC)
A valid and current entry on the ASIC Register is used to determine company status and business name registration.
Office of the Registrar of Indigenous Corporations (ORIC)
Aboriginal Corporations should have a valid and current ORIC registration with an ICN.
Australian Charities and Not-for-profits Commission (ACNC)
Charitable organisations and not-for-profit organisations may have registered their status with the ACNC, which can be used to verify Public Benevolent Institution status.
Documentation that may be used to verify legal entity status
For companies, corporations and incorporated bodies Certificate of Registration, Incorporation or equivalent documentation.
For organisations established through specific Commonwealth or state/territory legislation (public benevolent institutions, churches, universities, unions etc) the relevant Act or legislation under which the body was formed.
For partnerships valid and current registration details compliant with relevant state or territory government legislation for limited or incorporated limited partnerships, or copies of a formal written partnership agreement for normal partnerships.
For trustee on behalf of a trust (trust deeds). The Government will review these documents to determine capacity to enter into a legal agreement. Proof of legal entity status of the trustee will also be required.
For Commonwealth, local, state or territory government body the Government may use confirmation on official government and council webpages and possession of a ‘.gov.au’ domain as validation of legal entity status.