Unincorporated associations as entities : a matter of balance between regulation and facilitation?

McGregor-Lowndes, Myles & Hannah, Frances M. (2010) Unincorporated associations as entities : a matter of balance between regulation and facilitation? Company and Securities Law Journal, 28(3), pp. 197-221.


Small non-profit organisations play a vital role in the creation of social capital and resilience of civil society in Australia. A number of government inquiries have recently been commissioned to propose reform to non-profit enterprise and it is timely to examine the suitability of legal structures available for small non-profit organisations. This article reviews the characteristics of small Australian non-profit organisations and the legal treatment of similar associations in New Zealand, the United Kingdom, Europe, Canada and United States to inform possible reform strategies. Reforms are then proposed for small Australian unincorporated organisations which allow them access to the benefits of separate legal entity status, but with regulation proportionate to the risks posed to the broader community.

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ID Code: 32161
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: unincorporated associations, regulation, legal structures, non-profit organisations
ISSN: 0729-2775
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Corporations and Associations Law (180109)
Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > ACCOUNTING AUDITING AND ACCOUNTABILITY (150100) > Accounting Auditing and Accountability not elsewhere classified (150199)
Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 14 May 2010 01:02
Last Modified: 25 Sep 2013 12:40

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