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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.

Adopt a Company Constitution | $165.00
When adopting our standard company constitution through ABNAustralia.com.au, we will prepare all documentation including members and directors resolutions, and arrange the requested constitution. Our experienced staff members manually review every submission to ensure information submitted is accurate, error-free, and ASIC friendly.
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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.

 

 

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