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We work with accountants and other professionals to draft a company constitution to suit your individual needs. This service is aimed towards clients who would like to adopt a constitution which is different to our standard company constitution.

Change to Constitution | $550.00
When amending a company constitution through ABNAustralia.com.au, we will prepare all documentation including members and directors resolutions, and arrange the amended 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.

When to Amend Your Company’s Constitution?

If you have made changes to your company details through ASIC or if a few years have passed since you updated your company Constitution, then it’s probably time to rehash the documentation and review it between individuals within your business and an experienced commercial lawyer.

How to Modify a Company’s Constitution?

A company may modify or repeal its constitution through something called a special resolution of shareholders. A special resolution occurs when shareholders meet and discuss significant changes to the company’s constitution.

Notice of the special resolution must be given to shareholders at least 21 days prior to the when the meeting is held. A notice of the meeting must be sent out to shareholders advising them of the meeting, the proposed special resolution and the venue, date and time of the meeting.

A resolution will be passed if at least 75% of the shareholders agree to the amendments. These amendments will then bind the all the shareholders, including those that voted against the modifications.

What type of company constitution can I amend ?

You can use ABNAustralia to update a company constitution for:

  • a Pty Ltd company;
  • an SMSF trustee only Pty Ltd company; or
  • a not-for-profit Pty Ltd company.

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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