Consider this if…
- A company currently relies on the standard rules
- A lender, investor or transaction requires clearer governance
- There is more than one shareholder
- The company needs tailored share or director provisions
How it works
Tell us what you need to change
We identify the company, the people involved, the intended result and any deadline or transaction driving the work.
At the first conversation
We check the existing record
We review the available company extract, constitution, registers, resolutions and agreements relevant to the proposed step.
Before documents are prepared
We prepare the legal documents
The required resolutions, notices, consents, agreements and records are prepared as one consistent set.
Timing confirmed with the scope
Signing, records and lodgement
We explain what must be signed, update the company record and deal with the required lodgement within the agreed scope.
After approval and signing
Fee
Quoted in writing before we start
GST inclusive
The scope, fee and expected timing are confirmed in writing before work begins.
Decide what the constitution needs to do
The document should reflect the company's ownership, board and likely transactions. A simple company may need fewer tailored provisions than a business with multiple founders, investors or share classes.
Avoid conflict with other agreements
The shareholder agreement, subscription documents and share terms may overlap with the constitution. We review the relevant documents and decide which rules belong where.
Adopt it through the correct process
The company must follow the applicable approval and record requirements. We prepare the proposed constitution with the resolutions and supporting records needed for adoption.
Frequently asked questions
What applies if the company has no constitution?
The statutory replaceable rules may apply to eligible companies. Whether they are sufficient depends on the company's ownership and governance needs.
Is a constitution the same as a shareholder agreement?
No. A constitution governs the company, while a shareholder agreement is a private contract among its parties. They should be consistent where their subjects overlap.
Can an existing company adopt one later?
Yes, subject to the applicable approval process and a review of existing rights and agreements before the document takes effect.
Related services
Tell us the company name, what needs to happen and any deadline you are working to.
Ask about this company service