Compliance calendar | Corporate file | GST | Membership | Miscellaneous

We are now registered with ASIC as the Formation Evaluation Society of Australia Ltd, and our details are:

Name: Formation Evaluation Society of Australia Ltd
Status: public company, limited by guarantee.
Tax status: special purpose company,
Day of commencement of registration: 19th August 2008. (Certificate of Incorporation here).
ABN 74 132 811 726
ACN 132811726
TFN 887 035 187
Industry Code (ANZSIC): 99994
Postal Address: P.O. Box 7081, Shenton Park, Perth, WA 6008, Australia.
Registered office: Moore Stephens, ‘Exchange tower’ Level 15, 2 The Esplanade, Perth WA
Principal place of business: 40 Commercial Road, Shenton Park, WA 6008
An ASIC Corporate Key was created for this company: 98508987 (24/12/2015). Previously: 10345761.
Public officer: Callum Rideout
Directors (11/2018): Callum Rideout, Wesley Emery, Adrian Manescu and Matthew Josh.
Secretary: Callum Rideout.
FESAus Financial Year: from 1 July to 30 June of the following calendar year.
Updated Nov-2018

Compliance calendar:

Some of the dates in this table are fixed by the law and hefty fees are incurred if we are late or forgetful!

< 21-Jan:	Quarter 2 (Oct-Nov-Dec) superannuation due for our employee if not paid monthly.	Treasurer
< 28-Feb:	Quarter 2 (Oct-Nov-Dec) Installment Activity Statement due (http://www.ato.gov.au/print.asp?doc=/content/33150.htm) (form will arrive in our POBox)	Treasurer
< 28-Apr:	Quarter 3 (Jan-Feb-Mar) superannuation due for our employee if not paid monthly.	Treasurer
< 28-Apr:	Quarter 3 (Jan-Feb-Mar) activity statement due (http://www.ato.gov.au/print.asp?doc=/content/33150.htm) (form will arrive in our POBox)	Treasurer
< 28-Apr:	As of 2012, there is a new obligation to write to ASIC to confirm our status as a small company limited by guarantee – see section 7 below.	Directors / Secretary
Early Jun:	Present preliminary accounts to our accountant to confirm that they are acceptable (early June is a window of availability for the accountant).	Treasurer
30-Jun:	(Last day of FESAus financial year)	(info)
1-Jul:	(First day of FESAus financial year)	(info)
~1-Jul:	Do a tax exemption self-assessment status review	Treasurer
< 28-Jul:	Quarter 4 (Apr-May-Jun) superannuation due for our employee if not paid monthly.	Treasurer
< 28-Jul:	Quarter 4 (Apr-May-Jun) activity statement due (http://www.ato.gov.au/print.asp?doc=/content/33150.htm) (form will arrive in our POBox)	Treasurer
< 31-Jul:	Give each employee an annual PAYG Payment Summary of the amount withheld from them during the year (formerly “Group certificate”).	Treasurer
< 31-Jul:	Provide an annual report to the Tax Office about withheld amounts. (The date is indicative only, it can be done any time after the end of the FY)	Treasurer
31-Jul-2012	Our Public Liability Insurance, now for a 10 million $ coverage, expires.	Secretary
< 31-Aug:	Financial Audit: Make contact with auditor to agree on when our audit will be done. Auditors’ busy period is July-August. Audit must be completed and filed with ATO by 31-Oct. Notes: As of 28-Jun-2010, we are not absolutely required to submit to an audit, as our turnover is less than $250,000 for the Financial Year (reference here). This is because FESAus is a “Small Company Limited by Guarantee”, i.e. – it is a company limited by guarantee for the whole of the financial year – it is not a deductible gift recipient at any time during the financial year, and – its revenue (or consolidated revenue if that applies) for the financial year is less than $250,000. In that case, our obligations towards ASIC are such that we do not have to, unless directed by a member or ASIC: • prepare a financial report or have it audited • prepare a directors’ report, or • notify members of annual reports. However, it is good practice and accountability to do audits to protect the directors and the society at large, we will have to submit once our turnover exceeds $250,000, and considering that we have been able to get this done pro-bono so far, the Directors wish to continue auditing. As established by Wesley in a call to ASIC on 4-Nov-2014, if FESAus is not required to submit financial statements to ASIC, it is also not required to inform ASIC of any change of auditor.	Treasurer
30-Sep-2009	Our Workers’ Compensation insurance expires	Secretary
~1-Oct	Send out invitation for Company AGM	Secretary
<28-Oct:	Quarter 1 (Jul-Aug-Sep) superannuation due for our employee if not paid monthly.	Treasurer
<28-Oct:	Quarter 1 (Jul-Aug-Sep) activity statement due (http://www.ato.gov.au/print.asp?doc=/content/33150.htm) (form will arrive in our POBox)	Treasurer
<31-Oct:	Form 388 needs to be lodged with ASIC, inc. audited copy of financial statements and reports. (within 4 months after end of FY). However, as of 2010, we no longer need to do this as long as our turnover is <250K$: we can simply email or fax to ASCI to notify them that we are a small company limited by guarantee – or we can wait to be contacted by them at which point we fill in a form to confirm that we are a small company limited by guarantee (source: P. Bright phone conversation with ASIC, 29-Jul-2011)	Treasurer
<30-Nov	Must have had our AGM (within 5 months after end of FY).	President
<31-Dec	Send out invitation to renew membership to all members who have not renewed already	Membership / Sectretary
Every month:	Pay our employees (http://www.ato.gov.au/individuals/content.asp?doc=/content/33277.htm&mnu=44522&mfp=001/004)	Treasurer
Every month:	Pay Super contribution for our employees to their respective superannuation fund (http://calculators.ato.gov.au/SGCalculatorWeb/GetSGContribution.aspx) Send a remittance advice to employees.	Treasurer
Every month:	Reconcile each of the bank accounts and the cash account.	Treasurer
Every year:	Need Workers’ Compensation insurance (if we employ anyone).	President
Every year:	Tax exemption self-assessment: http://www.ato.gov.au/nonprofit/content.asp?doc=/content/33868.htm http://www.ato.gov.au/nonprofit/content.asp?doc=/content/34269.htm + make an entry in the log of status reviews.	Treasurer
One off:	Once the company is incorporated, the old association will needs to be deregistered for its Australian Business Number and lodge a final income tax return with ATO and cancel the Tax File Number once the final income tax return is assessed.	Treasurer
One off:	Formalize “Delegation of Authority” by including it either in Constitution or in Company File (reference in by-laws?).	Directors
Every change	to company details e.g. for change in address, name of officeholder, shareholding, etc. we need to lodge a Form 484 within 28 days. Hefty fees apply if we don’t.	President
Continuously	Maintain an up-to-date Corporate File, including, among other items: register of members and register of Directors, Secretaries, etc Minutes of meetings of directors and Minutes of meetings of members	Treasurer / Secretary

Role of company officeholders: documented in this letter from ASIC.
Tax basics: http://www.ato.gov.au/nonprofit/content.asp?doc=/content/33589.htm
General reference: ASIC\INC A Guide for Incorporated Associations 19 June 2008.pdf
“A non-profit organisation can still make a profit, but this profit must be used to carry out its purposes and must not be distributed to owners, members or other private people.” (from http://www.ato.gov.au/nonprofit/content.asp?doc=/content/33732.htm)

Governance

Requirement for Workers’ Compenstation Insurance: FESAus has Workers’ Compensation Insurance with Zurich to cover its (waged) employees. The insurance policy can be seen here. (ref: http://www.workcover.wa.gov.au/NR/rdonlyres/618A028B-C22E-4164-87E0-616C7B7D4E4B/0/ImportantInfoforEmployers.pdf)
As an employer, FESAus is required by law to have an Injury Management System, which describes the steps to be followed if a workplace injury occurs. It must be in writing and available to any employee on request. Download the FESAus Injury Management System.
In addition to the FESAus Injury Management System, FESAus as an employer is required to have a policy setting out its approach to injury management. Download the FESAus Injury Management Policy.
In case of accident, FESAus as an employer is also required to provide a written return to work program if the treating medical practitioner states in writing that one is appropriate. A template for a Return To Work Program Template can be downloaded here.

Corporate file

Our Corporate File was originally kept by our accountant, Katherine Kok of Katherine and Associates, but as of early 2012, it is kept by Martin Storey, one of our Committee Members. For convenient reference, we keep a complete digital copy on the website. It has the following sections and content:

Sections and blank forms	Current content (Y if hard copy is in Corporate file) * : signed
1. Minutes of Meeting of Directors (form) Other forms: Resolution of Directors	31-Oct-2011: Resolution of Directors to approve the 2010-11 Annual Report. 04-Nov-2010: Resolution of Directors to approve the 2009-10 Annual Report. * Y 06-Oct-2008 Resolution of Directors to appoint new auditor Y 06-Oct-2008 Minutes of meeting of Directors (+ DOC) Y 06-Oct-2008 Agenda of meeting of Directors Y 18-Sep-2008 Resolution of Directors to appoint 3 more directors Y 18-Sep-2008 Resolution of Directors to open a bank account with BankWest Y 18-Sep-2008 Resolution of Directors to appoint Judge Constable as Company Auditors Y 18-Sep-2008 Minutes of meeting of Directors (+ DOC) Y 18-Sep-2008 Agenda of meeting of Directors Y 19-Aug-2008 Minutes of meeting of Directors (inc. original directors, sec, reg’d office, etc) Y 19-Aug-2008 Minutes of meeting of Directors (inc. appt. of public officer) Y
2. Minutes of Meeting of Members (form)	31-Oct-2011, Annual General Meeting: Agenda * Y, Minutes * Y 3-Nov-2010, Annual General Meeting: Agenda * Y, Minutes * Y 19-Aug-2008 Minutes of meeting of Members (inc. original directors, agent) Y
3. Register of Directors’ Shareholding.	Nil, not applicable at this time.
4. Register of Directors, Secretaries, etc. Consent to Act as a Director (form) + resign Consent to Act as a Secretary (form)+ resign Register of Directors (form) Register of Secretaries (form)	090417_ASIC_ConfirmationAdvice.pdf 18-Sep-2008 Consent to act as Director Robyn Tamke Y 18-Sep-2008 Consent to act as Director Martin Storey Y 18-Sep-2008 Consent to act as Director Jeff Roche Y 19-Aug-2008 Consent to act as Director Zach John Y 19-Aug-2008 Consent to act as Director Peter Bright Y 19-Aug-2008 Consent to act as Director Andrew Buffin Y 19-Aug-2008 Consent to act as Secretary Robyn Tamke Y Register of Directors Y Register of Secretaries Y
5. Register of Members (form) & Applications	Register of Members Y
6. Register of Charges and Debentures. Forms: Register of Charges (including mortgages) Particulars relating to an issue of debentures Register of debenture holders
7. Other Documents	27-Aug-2015: ASIC Company Statement August 2015 19-Apr-2012 From ASIC Changed Financial Reporting Obligations Y 27-Oct-2011 FESAus Representation Letter to KPMG * 30-Jun-2011 Annual Report (audited Financial report) * Y 30-Jun-2010 Annual Report (audited financial report) 30-Jun-2009 Annual Report (audited financial report) * Y 10-Mar-2009: we registered for PAYG so we can pay PAYG for Leanne. Record Y 10-Mar-2009: we changed our address with ATO so we receive the Activity Statement forms. Record Y 10-Mar-2009: Katherine registered as our online tax agent with ATO. Record Y 3-Mar-2009 Letter to resign Judge Constable as auditors.pdf Y 15-Jan-2009 Letter from ASIC to office holders reminding them of their responsibility Y 11-Nov-2008 Letter of engagement KPMG to act as FESAus auditors Y (5-Nov-2008) FESAus Delegation of Authorities Y (21-Oct-2008) Workers’ Compensation Insurance (to 30-Sep-2009) Y (10-Oct-2008) Tax exemption self-assessment status review for FY08-09 Y; review log Y (9-Jul-2009) Tax exemption self-assessment status review for FY09-10 (7-Jul-2010) Tax exemption self-assessment status review for FY10-11 (8-Jul-2011) Tax exemption self-assessment status review for FY11-12; review log (6-Nov-2012) Tax exemption self-assessment status review for FY12-13 Injury Management System (DOC) Y Injury Management Policy (DOC) Y Return to Work template Y (Oct. 2008) FESAus Workers’ Compensation Insurance (to 31-Jul-2009) Y (1-Oct-2008) Engagement File Leanne Potter (not on website for confidentiality reasons) Y (Aug-2008) Certificate of Insurance Y 17-Sep-2008 Letter of acceptance from auditor Judge Constable Y 17-Sep-2008 Letter from Judge Constable Appointment as Auditor Y 19-Aug-2008 Consent of office Address (Katherine & Associates) Y
8. ASIC.	19-Aug-2008 Appointment of Public Officer Y
9. Journals: Application, Allotment, Transfer	Nil
10. Statutory returns	Application for registration as an Australian Company (Form 201) Y Notification of appointment or cessation of a registered agent by a company (Form 362) Y
11. Share certificates	Nil
12. Constitution	Original Constitution (signed) Y

Other forms of relevance: (all government forms are here: http://govsearch.australia.gov.au/search/search.cgi?collection=gov_combined or here http://www.asic.gov.au/asic/asic.nsf/asic+formsw?readform)
Form 484: “Change to Company Details” e.g. for change in address, name of officeholder, shareholding, etc. (downloaded Nov. 2014 from http://www.asic.gov.au/regulatory-resources/forms/forms-folder/484-changes-to-company-details-for-australian-companies/).
About tax exemption: http://www.ato.gov.au/nonprofit/content.asp?doc=/content/8555.htm&page=3&pc=&mnu=28532&mfp=001/004&st=&cy=#P35_1680 or see this.

Goods and Services Tax registration (GST)

FESAus was registered for GST on 28-Jul-2011 effective that day, by director Pete Bright calling ATO (on 132866, options 2/2/2) and talking to Ms. Kate Foster. We had planned to register as of 1-Aug-2011, which we had been told was possible, but when it came to doing it, ATO couldn’t do it after all. Our reporting obligations are quarterly, using the cash method (this means we pay our GST after receiving income, rather than paying when we submit an invoice). We will receive a confirmation letter within 5 days.

From the ATO website:

Being registered for GST means that your organisation:
•        must pay the GST it has collected from its sales to the Tax Office
•        can claim GST credits for any GST included in the price of its business purchases, and
•        must complete an activity statement to report the taxable sales and claim GST credits.
If your organisation is not registered for GST, it will need to look at its GST turnover each month to make sure its turnover is not $150,000 or more. Your organisation’s GST turnover is $150,000 or more if its:
•        turnover for the current month and the previous 11 months is $150,000 or more, or
•        turnover for the current month and the next 11 months is likely to be $150,000 or more.
Generally, if your organisation’s turnover is $150,000 or more, it must register for GST within 21 days of the GST turnover meeting the $150,000 GST registration threshold.
To register for GST your organisation needs to complete an application form.
Before your organisation can register for GST it must have an ABN.

Membership

The word “member” is used for two distinct concepts, and the following terminology is proposed to minimize confusion:

Member in the ASIC sense, being the people directly acting to steer the Society. It is proposed to call these “ASIC members”, and that they be the FESAus Committee members.
Member in the historical FESAus sense, being the people who joined the Society and are up-to-date with their membership dues. These could be referred to also as “associates” or “affiliates”, but it is proposed to call them “Society members” or “FESAus members”.
In addition, we also have people who are on our mailing list but are neither ASIC nor FESAus members. It is proposed to call these “friends” or “FESAus friends”.

Miscellaneous notes

Some of the information collected will be available to the public on www.abr.business.gov.au.
Our accountant:

Katherine Kok of Katherine & Associates
Chartered Accountant. Registered Tax Agent
Level 1, 544 Hay Street, Perth WA 6000 / P O Box Z5278, PERTH ST GEORGES TCE WA 6831
Tel: + 618 9221 2928 Fax: + 618 9221 2939 Mob: 0413 201 886 Email: kathkok@iinet.net.au

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Compiled by Martin Storey on 12-Sep-2008, last updated by Martin Storey on 12-Dec-2012.

FESAus ASIC Compliance