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You may need to get professional advice when deciding whether to wind up your charity or to help you wind up, especially if you have employees, valuable property or contracts.
This can also help you consider other options, such as merging.
To find your incorporating regulator, see our list of regulators that may affect charities.
When you decide to wind up, you need to visit your incorporating regulator’s website or contact them.
Generally, incorporating regulators have step-by-step guides and detailed information on winding up on their websites.
For example, if your charity has paid employees, you must comply with all legal requirements towards employees when you wind up.
You need to make sure that you know the requirements of the relevant awards, enterprise agreements and workplace laws in relation to winding up.
Generally, your members need to agree on how your charity’s surplus assets will be distributed after it winds up.
You may need to resolve which charity to give your surplus assets at the same time that you resolve to wind up.
In some cases, if a charity is insolvent it must be wound up.
If a charity is insolvent, and has not acted to appoint an administrator or liquidator, a court may order that the charity be wound up.
For more information about compulsory winding up, check with the Australian Securities and Investments Commission (ASIC) or your state or territory regulator.