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SA How to Get ABN or ACN for Ministry?

Discussion in 'Other/General Law Forum' started by Little Lamb, 12 June 2015.

  1. Little Lamb

    Little Lamb Member

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    Hi
    I need some guidance in relation to registering myself with an ABN.

    At this point, I am on my own as a Pastor and not attached to any group or church. I need to fundraise or be able to legally accept donations, in order to establish a ministry and to enable myself to take up an office or some area in which I can hold prayer meetings and assist people.

    I am aware that I can register with the Australian Charities and Not For Profits Commission as Basic Religious (unincorporated) which suits me at this point in time. However, to register with the Charity ACNC, I first need to be registered with an ABN. This is where I am in confusion.

    As I just represent myself at this stage, am I considered a ' Sole Trader' and register as such? Or do I register myself as a company then list my ministry as the trading name? I am a little lost here as I am not 'trading' for profit, I am preaching the word.

    Without an ABN or ACN I am unable to register with ACNC, and therefore I am unable to fundraise or legally ask for or accept donations. Without fundraising, establishing myself will be extremely difficult, and being unable to assist people who have come to me for help is heartbreaking.

    There are also problems being without registration in attending Hospitals, Prisons etc. I have been advised I am unable to Minister to anyone without government authority i.e. ABN or ACNC registration.

    Eventually as I gain support, I will be able to plant a church (which is my goal) and people will come forward to enable incorporation and form a church board that I can minister under and of which of course will be separate entity to myself. Until that time, I need registration and insurance, and, of course I need to fundraise or ask for donations, but I do not want to find myself on the wrong side of the law.

    My beliefs make up a mixture of the established churches, so I will be planting a NEW church. Therefore I have no existing church behind me to give me guidance with this. Due to running low on funds which will be my position until established, solicitors appointments are an added expense I can't really afford at this time and without donations or fundraising I am in a catch 22 position.

    Any advice you can impart that will assist with my calling will be greatly appreciated.
    Yours in Christ
    "Little Lamb"
     
  2. Tim W

    Tim W Lawyer

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    "Planting a church" ?
    Geneva Push, are you ?
     
  3. Little Lamb

    Little Lamb Member

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    Hi Tim
    No, I'm not Baptist.
     
  4. Little Lamb

    Little Lamb Member

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    Hi Tim
    No, I'm not Baptist... sorry I made a comment earlier by mistake rather than replying.
     
  5. Tim W

    Tim W Lawyer

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    Going only what you have told us so far (missing facts missing,
    and with any unstated ifs, buts, and variables not allowed for),
    it seems to me that you are probably a sole trader.

    I am not at all sure that you, as an individual, can even be a charity.
    This is because, as an individual, you cannot meet the definition of a charity in the act.
     
  6. Little Lamb

    Little Lamb Member

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    Then I will wait until volunteers come forward to form an association. Thank you for your assistance.
     

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