We provide innovative advice on new and existing structures and financial products, with a focus on the complex end of transaction structures. Our expertise covers the full lifecycle from fund establishment and capital raising through to restructuring, recapitalisation and de-leveraging.
Third Sector Advisory
Gilbert + Tobin’s Third Sector Advisory Group provides specialist advice to the charitable and not-for-profit sectors including large and small charities, community organisations, corporate foundations, industry associations and private families and individuals.
Our group’s deep knowledge of, and experience in, areas of law that relate specifically to charities and not-for-profit organisations, coupled with our broad corporate expertise, enables us to provide innovative, holistic and strategic legal advice and guidance. We provide a full suite of top-tier experience in areas such as corporate/commercial, tax, intellectual property (including trademarks), finance (including banking and loan agreements), real estate and projects (including leasing), construction, planning and employment. We also have a long-standing and well known commitment to the community through our pro bono practice and CSR initiatives.
Our services include advice and guidance on:
- Organisation/business types, structures and models preparation of new constitutions and reviewing and tailoring current constitutions.
- Charitable fundraising laws, licensing and regulation.
- Receipt of gifts and other donations and the running of charitable fundraising activities and events (including from a tax perspective).
- Deductible gift recipient (DGR) and Tax Concession Charity (TCC) status and other tax benefits, exemptions and rebates both federal and state (such as income tax exemption, land tax and payroll tax relief). We provide TCC, DGR and other tax analysis from the initial review and application process, to audits and on-going compliance.
- Income and capital gains tax, goods and services tax and stamp duty.
- Trade promotions, privacy, spam and do not call laws and regulation.
- Establishing, running and winding up trusts (including stamp duty and drafting and interpreting founding trust documents).
- Corporate governance generally such as director and member meetings, directors’ duties, voting procedures and protocols and reporting to ASIC.
- Preparing, reviewing and advising on employment, consultancy and volunteer agreements providing corporate governance and board charter solutions.
- Negotiating, drafting and reviewing agreements such as joint venture and consortium agreements, agreements for the supply of goods or services, funding agreements (including tenders and government grant/funding agreements), web services agreements, web use terms and conditions, software procurement agreements and publishing and licensing agreements.
- Preparing government submissions and conducting other legal policy work including preparing, contributing to and/or reviewing clients internal and external publications.
- Gilbert + Tobin's Third Sector Advisory Team is ranked Band 1 for Charities by Chambers Asia-Pacific 2017.