This service is aimed towards clients who have already registered their company and are now looking for a new or replacement company constitution to adopt.
- Work with our experienced staff or legal partners to supply the requested company constitution.
- Our highly experienced team manually reviews every submission to ensure information is free from error and accurate.
- We pride ourselves on great and informed customer service, and our professional team is available to discuss any question or client issue you may have.
- ASIC does not require notice of the change to the constitution for a proprietary limited company, so there are no ASIC fees and no ASIC forms for lodgement of the Constitution.
- Standard printing, packaging and delivery available for $22.00 (GST inclusive).
From the Knowledge Base
What is a company constitution?
The Constitution is a document typically drawn up prior to the registration of the company. A Company Constitution is a set of rules to guide directors and officers in the operation and internal management of the company. The Constitution essentially has the same legal effect of a contract between all the individuals within the company.
A constitution is a contract between:
- the company and each member
- the company and each director
- the company and the company secretary, and
- a member and each other member.
A company can adopt a constitution before or after registration. If it is adopted before registration, each member must agree (in writing) to the terms of the constitution. If a constitution is adopted after registration, the company must pass a special resolution to adopt the constitution.
Do I need a company constitution?The following companies must be governed by a constitution:
- 'No Liability' public companies
- 'special purpose companies' that want a reduced annual review fee.
A proprietary company (that is a special purpose company) must have a constitution. It doesn’t need to be lodged with ASIC, but a copy must be kept with the company's records. A company must provide a current copy of the constitution to any member who requests it within seven days. If a fee is charged, the constitution must be provided within seven days of payment.
Established in 1976, ABN Australia has helped more than 100,000 businesses choose and establish their preferred business structure here in Australia. Our longevity is a testament to the high level of customer service we provide, and the wealth of experience we bring to the table.