Constitutions

Did you know that an off-the-shelf constitution can be detrimental to your business?

Whether you’re a company, club or association, you will most likely need a governing document known as a constitution. For private companies, the constitution will set out the rights, roles and responsibilities of directors and shareholders as well as the rules that govern the internal management of the company.

The best way to describe a company constitution is to think of it as a contract between the company and any director, secretary, member and each other. Drafting a constitution is a great way to clarify any objectives and processes of the company.

However, a poorly drafted or an off-the-shelf constitution can expose the company to a number of risks, leading to confusion and additional costs.

Practically speaking, an ineffective constitution will mean that your business won’t be able to run the way you want it to.

At MV Law, our team of experienced company constitution lawyers will create you a bespoke constitution custom-made to suit the circumstances of your business.

The MV difference

MV Law’s team of company constitution lawyers can help you with:

  • drafting and adopting your constitution
  • reviewing and updating your constitution
  • advice relating to the replaceable rules in the Corporations Act 2001 (Cth).
  • Does your constitution clearly outline how shares will be transferred and how dividends are paid to shareholders?
  • How many votes are required to make certain decisions at meetings?
  • Does it factor in changes in technology, for example how technology is used in meetings for attendance and appointing a proxy?
  • What does your constitution say about how the company will issue loans to third parties?

An off-the-shelf constitution won’t cover the issues specific to your business. Speak to our expert team of company constitution lawyers to create a custom-made constitution, so you can run your business the way you want to.

Be empowered with expert guidance and advice from our award-winning business law team.

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