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We can assist clients in restructuring their business for the purposes of equity crowd-sourced funding, including the provision of a 'crowdfunding friendly' public or private company constitution.

'Equity Crowdfunding' Compliant Company Constitution
Register or restructure your public or private company limited by shares online today and receive your ASIC certificate of incorporation, equity crowdfunding compliant company constitution, and all other company documentation electronically. Our knowledgeable staff are on hand to assist you through the process.
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Product Overview

  • Our online order forms make setting up a public or private company limited by shares in Australia convenient and easy.
  • Our equity crowdfunding company constitution has been drafted by lawyers to take advantage of the governance concessions made under the crowdfunding legislation.
  • Our equity crowdfunding company constitution is also highly effective across a range of business purposes and is 'financial institution friendly'.
  • Our highly experienced team manually reviews every submission to ensure information is free from error and ASIC friendly - saving you headaches and costs down the line.
  • As ASIC registered agents, we perform same-day registration of your company with ASIC, and include as standard electronic delivery of all your company documentation.
  • 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.
  • Full-service printing, binding and delivery included.


From the Knowledge Base

What is a public company limited by shares?

This is the by far the most common type of public company. A 'company limited by shares' is a company formed on the principle of having the liability of its members (otherwise known as its shareholders or owners) limited to the balance amount (if any) which remains unpaid on the shares held by its members.

What is the equity crowd-sourced funding legislation?

Crowd-sourced funding is a financial service where start-ups and small businesses raise funds —up to $5 million per year— generally from a large number of investors that invest small amounts of money, with lower disclosure costs than traditional public equity offers.

What is the equity crowd-sourced funding legislation?

The Corporations Amendment (Crowd-sourced Funding) Act 2017 amends the Corporations Act 2001, and makes minor amendments to the Australian Securities and Investments Commission Act 2001, to provide a legislative framework for crowd-sourced funding. The CSF regime aims to reduce the regulatory requirements for public fundraising while maintaining appropriate investor protection measures. A provider of CSF services must hold an Australian financial services (AFS) licence. The Act received Royal Assent on 28 March 2017 and takes effect from 29 September 2017.

How much can be raised under the new legislation?

Crowd-sourced funding (CSF) (also called equity crowd funding or crowd-sourced funding of shares) is a new way for eligible start-ups and small and medium-sized companies to raise money from the public to finance their business. Companies typically raise small amounts from a large number of investors. Each investor can invest up to $10,000 a year in a company and in exchange they'll receive securities in the form of shares. Eligible companies can raise up to $5 million a year using crowd-sourced funding but they must have less than $25 million in assets and annual revenue.

How much can be raised under the new legislation?

This type of fundraising is now available to Australian private companies who want to get funding by issuing ordinary shares - see new legislation October 2018. Eligible companies can raise up to $5 million in a year.

How does crowd-sourced funding work in Australia?

By law, eligible companies must use a crowd-sourced funding (CSF) platform (usually a website) to make their investment offer. The website is run by an intermediary that must have an Australian Financial Services Licence (AFSL) which authorises them to provide crowd-sourced funding services. As part of the AFSL conditions, intermediaries must adhere to certain ongoing compliance obligations such as warning investors about the risk of investing, making available copies of offer documents, and including a question and answer section on their website for investors.

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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