Naming your incorporated association

Choosing the name of an incorporated association

A proposed incorporated association will usually choose a name that best reflects its purpose. The incorporated association must have the word ‘Incorporated’ or the abbreviation ‘Inc’ as the last word of its name.

The proposed name must not be identical or similar to one that is already registered.

Applicants can check if a name is registered. They can do this either through the:

• Organisation and Business Names search on the Australian Securities and Investments Commission (ASIC) website
• NSW incorporated associations register. You should also check whether a name is restricted in a way that may prevent its use. You can search the Register of Trademarks on the IP Australia website. Or, for a fee, IP Australia will do it for you.

In addition, using certain words in a name may need approval from various authorities. NSW Fair Trading will contact the applicant if more information is required prior to processing the application.

Use of the words 'foundation', 'trust' or 'charity'

Certain words, such as 'foundation,' 'trust' and 'charity,' may not be acceptable as they may create a public perception of substance, stability, and integrity. Incorporated associations that wish to use any of these words in their name must provide more information. This information must support their application for incorporation under the name.

Foundation

'Foundation' describes an organisation that gets most of its income from an endowment. An endowment is a donation or legacy for supporting an institution. A foundation is usually a non-profit that does charity work.

Organisations that want to register under the Associations Incorporation Act 2009 (the Act) and use the word 'foundation' in their name must provide evidence of endowment. This evidence will determine if using the word 'foundation' is acceptable. Incorporated associations wishing to use the word ‘foundation’ must have a guaranteed income base.

Evidence of endowment may be in the form of a letter detailing:

• source, for example, bequests, donations, pledges, subscriptions, grants and endowment amounts. Written confirmation from the provider must be submitted.
• future fundraising activities
• proposed objects of the incorporated association once incorporated
• how the funds will be expended, for example, sponsorship, scholarships, grants
• the proposed charitable work to be undertaken.

Trust

The use of 'trust' in a proposed incorporated association's name implies a not-for-profit. These incorporated associations are usually for administering or maintaining a public or charitable trust. They often hold assets in 'trust', such as land or buildings. The assets are held on behalf of members, beneficiaries, or the community.

An incorporated association that uses the word 'trust' in its name must provide a copy of the trust deed must be included with the registration application. The trust deed must also be submitted with any application to reserve a name.

Charity

Using the word 'charity' in a proposed name suggests the incorporated association does charitable work and public fundraising. NSW Fair Trading needs proof of registration with the Australian Charities and Not-for-profits Commission (ACNC) to approve this name. Alternatively, the incorporated association must register with the ACNC and provide proof to NSW Fair Trading within 28 days of becoming an incorporated association.

NSW Fair Trading can refuse unacceptable names

A reservation or registration of a name may be refused if it is unacceptable as prescribed by the regulation. This includes if the proposed name:

• is identical to, or closely resembles, a registered or reserved name, and the public is likely to be misled
• contains foreign language characters
• suggests a connection with the Crown or the State
• is considered offensive or undesirable
• is declared by regulation to be unacceptable
• is the former name of an incorporated association and the name is likely to mislead the public in relation to the nature, objects or functions of an incorporated association or in any other respect
• is likely to mislead the public in relation to the nature, objects or functions of an incorporated association or in any other respect.

Appealing name refusal

If NSW Fair Trading rejects the name, the incorporated association may seek an internal review.

Visit reviews of NSW Fair Trading decisions for more information.

If NSW Fair Trading does not change its decision after an internal review, the applicant can seek an administrative review from the NSW Civil and Administrative Tribunal. This review is done under the Administrative Decisions Review Act 1997.

Get more information on the NSW Civil and Administrative Tribunal (NCAT) website.

Ownership of the name of an incorporated association

Incorporation under a particular name:

• does not give the incorporated association the exclusive right to use the name or part of the name
• does not prevent another person from registering a name that includes similar words.

Incorporation does not prevent another organisation from undertaking similar activities

Incorporation does not stop other organisations from doing activities similar to those of an incorporated association. An incorporated association can still be legally challenged if it appears to copy another organisation's operations.

Changing the name of an incorporated association

To change its name, an incorporated association must:

• pass a special resolution, approving the name change
• lodge a Form A7 Application to register change of name, including:
  • a copy of the special resolution
  • the prescribed fee.

See incorporated associations forms and fees to find out how to lodge. 

Where the incorporated association's name appears in its constitution, it should amend the relevant rules with a special resolution. The changes to the constitution will need to be registered with NSW Fair Trading.

An incorporated association must be up to date with its reporting obligations. This will be checked before registering the new name.

An incorporated association can be directed to change its name

An incorporated association may be directed to change its name if it is subsequently deemed unacceptable. The incorporated association can appeal the decision by applying for an internal review.

If NSW Fair Trading does not change its decision after an internal review, the applicant can seek an administrative review from the NSW Civil and Administrative Tribunal (NCAT). This review is done under the Administrative Decisions Review Act 1997.

The incorporated association must show its full name on all official documents

The incorporated association must show its full name on all official documents. The word 'Incorporated' or 'Inc.' must be included and easy to read. This applies to the incorporated association's business letters, statements, invoices, receipts, notices and publications. It also includes the incorporated association's website and any materials about its activities.