They're a non-profit. Every organisation in Australia is registered under the federal Corporations Act legislation. HBG is registered under a non-profit, no share capital model. Different to Wests Tigers Pty Ltd which is a for profit company.
ASIC has a minor role in non-profit administration compared to for profit companies. Directors duties are more narrow.
Clubs are regulated at the state level by Liquor & Gaming.
There is
no exemption from directors’ duties just because they are a club or non-profit. FACT.
lol - just google -- "Are directors of non profits subject to ASIC in Australia"
Anyway it's fine.
You don't have to write in.
But don't cloud fact with fiction.
My lawyer has already drafted the letter and it's been used.
To be honest it sounds like you're protecting HBG directors for some reason.
The
Holman Barnes Group (Western Suburbs Leagues Club Limited), which has ABN 69 000 154 736, is a registered company with the Australian Securities and Investments Commission (ASIC),
ASIC Registration (Company): As a company, the Holman Barnes Group is required to be registered with ASIC under the
Corporations Act 2001. You can find their company details (ACN 000 154 736) on the ASIC registers via the
ABN Lookup website.
ASIC regulates all companies limited by guarantee, including non-profits like HBG’s entities.
ASIC states explicitly that directors of non-profit companies have “the same legal duties and responsibilities as directors of other companies” — including s180, s181, s182, s183 and s191.
Liquor & Gaming NSW regulates
club operations, but it does not replace or diminish ASIC’s jurisdiction over directors’ duties, misuse of position, conflicts of interest, or governance decisions causing corporate harm.
ASIC action against non-profit directors is common. The duties are not narrower — they are exactly the same under the Corporations Act.
