Companies

 

 

I wish to establish a company or organisation. Can you help me with the structure?

We can assist you in the formation of a company or incorporated association. We can prepare constitutions, associated documentation including company registers and register companies that are proprietary companies limited by shares, public companies limited by shares, public companies limited by guarantee, special purpose companies and medical companies. We can also advise you on the most suitable structure for your needs.

 

I want to set up a charity. Can you help me?

We can establish a non-profit organisation or charity and there are several structures that may be appropriate including a company limited by guarantee, incorporated association or trust. If you wish us to advise you on an appropriate structure please contact us via email.

 

I registered a company but I do not have a constitution or Company Register. Can you help me?

We can provide you with documentation to adopt a constitution and provide you with Company Register documentation showing the current position of the company. Please contact us for more details.

 

I have lost my company constitution. Can you help me?

We can advise you on the best course of action where a constitution has been lost. It may be possible for the company to adopt a new constitution however this will depend on your circumstances. Please contact us for more information.

 

My company had two members/directors but one is deceased. Can you help me?

We can amend the constitution so that it permits a sole member/director. Many constitutions do not permit a sole member/director due to the quorum provisions contained within them. If you are in doubt you should contact us or your accountant. We can also help you notify the relevant government bodies of the changes to your company and transfer any shares.

 

I require an additional clause or class of shares in my constitution, can you help me?

We can provide documentation to amend your constitution and include new clauses or classes of shares. Although under the Corporations Act 2001 directors can issue some types of shares with rights that are not defined in the constitution, we usually recommend including the rights in your constitution to safeguard the record of the rights for the future. If your constitution is an old Memorandum & Articles of Association we can also prepare documents for your company to update to a new constitution.

 

I want to create a shareholders agreement. Can you help me?

We can draft a shareholders agreement between two or more shareholders in your company. The costs will depend upon the requirements of the agreement. If you have a draft agreement we can also provide advice on the legal requirements and whether it will achieve your purposes. We can also assist by issuing shares of a different that may be required under such an agreement and amending the constitution as may be required by a shareholders agreement.

 

How can a buy-back be effected?

Selective buy-backs are probably one of the most common forms of buy-backs. The documents and timing can be confusing and time-consuming. Leave all that work to us. Just call or email for an instruction form.