Companies | By Lawyers
Skip to main content

Companies

FED

This publication guides practitioners through establishing, running, and dissolving a company.

2 Matter Plans

Overview

The commentary covers topics like shareholders' voting rights, the appointment of directors, and the sale of company assets. It also provides specific guidance on drag-along and tag-along clauses, financing, and shareholder funding arrangements, along with an overview of insolvency.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

The Business Structures and the Comparative Table guide provides a comparison of the pros and cons of different business structures.

Precedents in this publication include:

  • Company constitution and table of replaceable rules;
  • Letters for clients and shareholders;
  • Shareholder agreements – concise and extensive forms;
  • Agreements for share sales, transfers and options;
  • Library of minutes and resolutions;
  • Library of precedents for small businesses.
Icon

2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Companies
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon 101 Costs Answers
    • Item icon Business Structures and the Comparative Table
    • Item icon Further information
  • Item icon Overview
    A company is a construct of the law, an artificial person that never dies except by the hand of its members or government intervention. A company has a discrete legal personality, separate from its members, also known as shareholders. This allows the shareholders to combine their resources under ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Companies
    • Item icon To do list - Companies
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Folder icon Verifying identity and client authorisation
      • Folder icon Library of identity and authorisation forms
        • Folder icon Library of identity and authorisation forms - NSW
          • Item icon Verification of identity certificate
          • Item icon Client authorisation
          • Item icon Identifier declaration
          • Item icon Identity agent certification
          • Item icon Australian Embassy/High Commission/Consulate certification form
        • Folder icon Library of identity and authorisation forms - VIC
          • Item icon Verification of identity certificate
          • Item icon Client authorisation
          • Item icon Identifier declaration
          • Item icon Identity agent certification
          • Item icon Australian Embassy/High Commission/Consulate certification form
        • Folder icon Library of identity and authorisation forms - SA
          • Item icon Verification of identity certificate
          • Item icon Client authorisation
          • Item icon Identifier declaration
          • Item icon Identity agent certification
          • Item icon Australian Embassy/High Commission/Consulate certification form
          • Item icon Annexure with verifier statement text
        • Folder icon Library of identity and authorisation forms - QLD
          • Item icon Verification of identity certificate
          • Item icon Client authorisation
          • Item icon Identifier declaration
          • Item icon Identity - witnessing certification - outside Australia
          • Item icon Australian Embassy/High Commission/Consulate certification form
          • Item icon Identity agent certification
        • Folder icon Library of identity and authorisation forms - WA
          • Item icon Verification of identity certificate
          • Item icon Client authorisation
          • Item icon Identifier declaration
          • Item icon Identity agent certification
          • Item icon Australian Embassy/High Commission/Consulate certification form
        • Folder icon Library of identity and authorisation forms - TAS
          • Item icon Verification of identity certificate
          • Item icon Client authorisation (Tasmania only)
          • Item icon Client authorisation
          • Item icon Identifier declaration
          • Item icon Identity agent certification
          • Item icon Australian Embassy/High Commission/Consulate certification form
        • Folder icon Library of identity and authorisation forms - ACT
          • Item icon Identity agent certification
          • Item icon Verification of identity certificate
          • Item icon Australian Embassy/High Commission/Consulate certification form
          • Item icon Client authorisation
          • Item icon Identifier declaration
        • Folder icon Library of identity and authorisation forms - NT
          • Item icon Identity agent certification
          • Item icon Verification of identity certificate
          • Item icon Identifier declaration
    • Item icon Retainer instructions - Companies - Incorporation
    • Item icon Retainer instructions - Companies - Disputes
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing costs agreement
    • Folder icon Library of costs agreements
      • Folder icon Australian Capital Territory
        • Item icon Costs agreement - ACT
      • Folder icon New South Wales
        • Item icon Costs agreement - NSW
      • Folder icon Northern Territory
        • Item icon Costs agreement - NT
      • Folder icon Queensland
        • Item icon Initial letter to client enclosing costs agreement
        • Item icon Costs agreement - QLD
        • Item icon Abbreviated costs disclosure - Costs under $3000
      • Folder icon South Australia
        • Item icon Costs agreement - SA
      • Folder icon Tasmania
        • Item icon Costs agreement - TAS
      • Folder icon Victoria
        • Item icon Costs agreement - VIC
      • Folder icon Western Australia
        • Item icon Costs agreement - WA
        • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Initial letter to company which has received a statutory demand
    • Item icon Enclosure - The effects of winding up
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Setting up a company
    • Item icon Setting up a company
      Type of company When taking instructions to incorporate, a lawyer needs to understand the type of company the client requires. Usually, it is a private proprietary limited company with different classes of shares.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Governance
      A company is governed by its own constitution, or the replaceable rules under the Corporations Act 2001, or a combination of both. Applicants for registration must specify whether the company will rely entirely on its constitution or the replaceable rules. A company may also be governed by its ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Company Constitution
    • Item icon Table of Replaceable Rules - Section 141 Corporations Act
    • Item icon Registered office
      All companies must have a registered office in Australia: s 142 of the Corporations Act 2001. The address for a proprietary company's registered office cannot be a post office box.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Company officers
      A private proprietary company:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Consents
      Each incoming director or company secretary must consent in writing to act in that role. Each shareholder also must consent in writing to take up their shareholding. Applicants for registration must declare they have these written consents and will give them to the company on registration.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Library of consents
      • Item icon Consent to becoming a member
      • Item icon Consent to act as a director
      • Item icon Consent to act as a secretary
    • Item icon Shareholders
      All companies require at least one shareholder. A proprietary company cannot exceed 50 shareholders.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Shareholders agreement - Concise
    • Item icon Shareholders agreement - Extensive
    • Item icon Subscription and securityholders agreement
    • Item icon Shareholders and unitholders agreement
    • Item icon Share certificate
    • Item icon Application for registration
      A registration application must include:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Business Registration Service – Register a company
    • Item icon AI Prompt for Letter to client with advice on shareholders agreement
    • Item icon Letter to client to make appointment to sign documentation required for incorporation
    • Item icon Letter to client advising that the company has been incorporated
    • Item icon Company records
      A company that is trading must maintain administrative and financial records. Even a holding company that does not trade must maintain relevant records.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Register of members for company
    • Item icon Taxation requirements
      Once a company has received its ACN and corporate key from ASIC, it can then:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Australian Securities Investments Commission (ASIC)
      • Item icon Annual statement by an auditor
      • Item icon Application for appointment of scheme auditor by member of a registered scheme
      • Item icon Application for information about a specific personal name
      • Item icon Application for registration of a body corporate as an Australian company
      • Item icon Application for reservation of a name
      • Item icon Application for voluntary deregistration of a company
      • Item icon Copy of minutes of meeting
      • Item icon Cover page for office copy of a court order
      • Item icon Declaration of solvency
      • Item icon Deeds of cross-guarantee and related documents - ASIC Corporations (Wholly-owned companies) Instrument 2016 785
      • Item icon Direct debit request
      • Item icon Notice of cessation, winding up or dissolution of a foreign company or registered Australian body
      • Item icon Notice of change of interests of substantial holder
      • Item icon Notice of controller extending time to submit report on company activities and property
      • Item icon Notice of disclaimer of onerous property
      • Item icon Notice of failure to execute deed of company arrangement
      • Item icon Notice of intention to carry out a share buy-back
      • Item icon Notice of liquidator extending time to submit report on company activities and property
      • Item icon Notice of meeting
      • Item icon Notice of special resolution to wind up company
      • Item icon Notice of termination of deed of company arrangement
      • Item icon Notification by a company to nominate or cease a registered agent or contact address
      • Item icon Notification by officeholder of resignation or retirement
      • Item icon Notification in reduction in share capital details
      • Item icon Notification of a registered agent ceasing to act for a company
      • Item icon Notification of appointment or cessation of an external administrator
      • Item icon Notification of change of address of an external administrator
      • Item icon Notification of change of registered office or office hours of a registered body
      • Item icon Notification of change to directors of a registered body
      • Item icon Notification of court action relating to winding up
      • Item icon Notification of division or conversion of classes of shares
      • Item icon Notification of financial assistance details
      • Item icon Notification of intention to give financial assistance
      • Item icon Request for correction
  • Folder icon C. Running a company
    • Item icon Running a company
      Strict protocols and obligations apply to an incorporated company. Directors running the business must observe numerous duties and reporting obligations. Otherwise, the company will be exposed to deregistration and the directors to civil and criminal penalties. Resources on running a company ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Directors
      Directors are responsible for managing the day-to-day business of a company. They can exercise all the company’s powers other than those only exercised in a meeting of shareholders, known as a general meeting. A sole director and shareholder manages the company’s business and exercises all the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Resignation as a director
      • Item icon Resignation as a director
    • Item icon Authority and execution
      Authority to bind a company Section 124 of the Corporations Act 2001 sets out the legal capacity and powers of a company.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Director guarantee
    • Item icon Powers of attorney
      A company may appoint, or be appointed as, an attorney. A company director's general power of attorney does not empower the attorney to discharge or delegate the director's functions and duties. However, a director can delegate their powers to execute particular documents.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon General powers of attorney
      • Folder icon New South Wales
        • Item icon General power of attorney - Client 1
        • Folder icon Land Registry Services form
          • Item icon General power of attorney
      • Folder icon Queensland
        • Item icon General power of attorney
      • Folder icon South Australia
        • Item icon Power of attorney
      • Folder icon Tasmania
        • Item icon General power of attorney
      • Folder icon Victoria
        • Item icon General Non-Enduring Power of Attorney
      • Folder icon Western Australia
        • Item icon General power of attorney
    • Folder icon Library of clauses for power of attorney
      • Item icon Company appoint attorney to conduct the business of the company
      • Item icon Access to will
      • Item icon Company appoint attorney to execute documents
      • Item icon Director appointing substitute during absence
      • Item icon Discharge of mortgage
      • Item icon Purchase of real property
      • Item icon Mortgage
      • Item icon Sale of real property
      • Item icon Application for probate or administration - Executor out of jurisdiction
    • Item icon Meetings
      Meetings are governed by:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to members enclosing notice of meeting
    • Item icon Notice of meeting and proxy voting form
    • Item icon Resolutions
      A resolution is a decision made at a company meeting. Resolutions are proposed and voted on at meetings and the outcomes recorded in the minutes.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Library of resolutions
      • Item icon Company resolution
      • Item icon Company resolution - Transfer of shares
      • Item icon Company resolution - Financial and solvency
      • Item icon Circular resolution
    • Item icon Minutes of meetings
    • Folder icon Library of minutes of meeting
      • Item icon Minutes of meeting
      • Item icon Minutes of meeting - Directors
      • Item icon Minutes of meeting - Transfer of shares
    • Item icon Changing company details
      Companies must provide changes in their details to ASIC, usually within 28 days of a change occurring. Common changes that can be made on the online portal include:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon ASIC - Changes to company details
    • Folder icon Library of consents
      • Item icon Consent to becoming a member
      • Item icon Consent to act as a director
      • Item icon Consent to act as a secretary
    • Folder icon Australian Securities Investments Commission (ASIC)
      • Item icon Annual statement by an auditor
      • Item icon Application for appointment of scheme auditor by member of a registered scheme
      • Item icon Application for information about a specific personal name
      • Item icon Application for registration of a body corporate as an Australian company
      • Item icon Application for reservation of a name
      • Item icon Application for voluntary deregistration of a company
      • Item icon Copy of minutes of meeting
      • Item icon Cover page for office copy of a court order
      • Item icon Declaration of solvency
      • Item icon Deeds of cross-guarantee and related documents - ASIC Corporations (Wholly-owned companies) Instrument 2016 785
      • Item icon Direct debit request
      • Item icon Notice of cessation, winding up or dissolution of a foreign company or registered Australian body
      • Item icon Notice of change of interests of substantial holder
      • Item icon Notice of controller extending time to submit report on company activities and property
      • Item icon Notice of disclaimer of onerous property
      • Item icon Notice of failure to execute deed of company arrangement
      • Item icon Notice of intention to carry out a share buy-back
      • Item icon Notice of liquidator extending time to submit report on company activities and property
      • Item icon Notice of meeting
      • Item icon Notice of special resolution to wind up company
      • Item icon Notice of termination of deed of company arrangement
      • Item icon Notification by a company to nominate or cease a registered agent or contact address
      • Item icon Notification by officeholder of resignation or retirement
      • Item icon Notification in reduction in share capital details
      • Item icon Notification of a registered agent ceasing to act for a company
      • Item icon Notification of appointment or cessation of an external administrator
      • Item icon Notification of change of address of an external administrator
      • Item icon Notification of change of registered office or office hours of a registered body
      • Item icon Notification of change to directors of a registered body
      • Item icon Notification of court action relating to winding up
      • Item icon Notification of division or conversion of classes of shares
      • Item icon Notification of financial assistance details
      • Item icon Notification of intention to give financial assistance
      • Item icon Request for correction
    • Item icon Taking money out of a company
      A company's directors and shareholders can take money out of the company through:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Company loans Division 7A Income Tax Assessment Act 1936 agreement
    • Item icon Dividends
      A company's directors determine whether the company will pay a dividend. If paying a dividend will result in insolvency or an inability to pay creditors, then the directors can be held personally and criminally liable. The company may pay interim dividends during the financial year. Most small ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Taxation
      Like other employees, companies deduct PAYG income tax from directors' salaries every pay period. The company pays this tax to the ATO. A director’s salary is a tax-deductible expense for the company.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Library of precedents for small business clients
      • Item icon Agreement for supply of goods and services
      • Item icon Credit application
      • Item icon Director guarantee
      • Item icon Dispatch and delivery policy
      • Item icon Example - Job descriptions
      • Item icon Example tax invoice
      • Item icon Liability waiver and consent
      • Item icon Privacy policy
      • Item icon Returns and refund policy
      • Item icon Terms of trade
      • Item icon Website terms of use for advertising and booking personal services
      • Item icon Website terms of use for downloadable online products
      • Item icon Website terms of use for physical products
  • Folder icon D. Dealing with shares - Agreements, transfers, and options
    • Item icon Issuing new shares
      A public company can issue new shares to raise funds or bring in new people. Subject to its constitution, a public company can issue an unlimited number of shares. A proprietary company is restricted to a maximum of 50 shareholders, excluding employees who are shareholders, and is not permitted to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Transferring existing shares
      Subject to any restrictions in a company constitution or shareholders agreement, shareholders may:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Share certificate
    • Item icon Agreement for sale of shares - Concise
    • Item icon Agreement for sale of shares - Extensive - Company takeover
    • Item icon Transfer of shares
    • Item icon Shareholders agreement - Concise
    • Item icon Shareholders agreement - Extensive
    • Item icon Shareholders and unitholders agreement
    • Item icon Subscription and securityholders agreement
    • Item icon Deed of trust for purchase of shares by trustee
    • Item icon AI Prompt for Letter to client with advice on shareholders agreement
    • Item icon Letter to client with draft shareholders agreement
    • Folder icon Option precedents
      • Item icon Option to purchase shares agreement
      • Item icon Put and call option agreement
      • Item icon Notice of exercise of option to purchase
      • Item icon Notice of exercise of put option
      • Item icon Notice of exercise of call option
      • Item icon Notice of appointment of nominee
      • Item icon Letter to seller's solicitor exercising option
      • Item icon Letter to buyer's solicitor exercising option
    • Folder icon Australian Securities Investments Commission (ASIC)
      • Item icon Annual statement by an auditor
      • Item icon Application for appointment of scheme auditor by member of a registered scheme
      • Item icon Application for information about a specific personal name
      • Item icon Application for registration of a body corporate as an Australian company
      • Item icon Application for reservation of a name
      • Item icon Application for voluntary deregistration of a company
      • Item icon Copy of minutes of meeting
      • Item icon Cover page for office copy of a court order
      • Item icon Declaration of solvency
      • Item icon Deeds of cross-guarantee and related documents - ASIC Corporations (Wholly-owned companies) Instrument 2016 785
      • Item icon Direct debit request
      • Item icon Notice of cessation, winding up or dissolution of a foreign company or registered Australian body
      • Item icon Notice of change of interests of substantial holder
      • Item icon Notice of controller extending time to submit report on company activities and property
      • Item icon Notice of disclaimer of onerous property
      • Item icon Notice of failure to execute deed of company arrangement
      • Item icon Notice of intention to carry out a share buy-back
      • Item icon Notice of liquidator extending time to submit report on company activities and property
      • Item icon Notice of meeting
      • Item icon Notice of special resolution to wind up company
      • Item icon Notice of termination of deed of company arrangement
      • Item icon Notification by a company to nominate or cease a registered agent or contact address
      • Item icon Notification by officeholder of resignation or retirement
      • Item icon Notification in reduction in share capital details
      • Item icon Notification of a registered agent ceasing to act for a company
      • Item icon Notification of appointment or cessation of an external administrator
      • Item icon Notification of change of address of an external administrator
      • Item icon Notification of change of registered office or office hours of a registered body
      • Item icon Notification of change to directors of a registered body
      • Item icon Notification of court action relating to winding up
      • Item icon Notification of division or conversion of classes of shares
      • Item icon Notification of financial assistance details
      • Item icon Notification of intention to give financial assistance
      • Item icon Request for correction
  • Folder icon E. Company disputes
    • Item icon Company disputes
      Disputes arise within companies and between companies and other entities. A company becomes involved in litigation when:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Common disputes involving companies
      Company disputes usually involve:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Before starting proceedings
      Before starting litigation, a lawyer under instruction in a company dispute needs to consider:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Starting proceedings
      Starting proceedings in a company dispute means determining:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Originating process
    • Item icon Letter to client requesting relevant documents
    • Item icon Letter to director requesting company records
    • Item icon Letter to director requesting inspection of company minutes
    • Item icon Letter to director advising of intention to seek a s 247A order to inspect company records
  • Folder icon F. Winding up and deregistration
    • Item icon Winding up solvent companies
      A solvent company can only be wound up when it does not meet the criteria for voluntary deregistration, that is:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Deregistration
      A company is deregistered with ASIC when the duties of its officers cease. A company's rights and obligations all end with deregistration.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Application for voluntary deregistration of a company
  • Folder icon G. Finalising the matter
    • Item icon Finalising the matter
      When finalising an incorporation the client should be made aware of their ongoing obligations, such as filing annual returns. Any original documents held on file should be returned to the client or arrangements made to secure them in safe custody.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client finalising the matter
    • Folder icon Example invoices incorporating notification of rights
      • Item icon Example invoice incorporating notification of client's rights - NSW
      • Item icon Example invoice incorporating notification of client's rights - VIC
      • Item icon Example invoice incorporating notification of client's rights - QLD
      • Item icon Example invoice incorporating notification of client's rights - SA
      • Item icon Example invoice incorporating notification of client's rights - TAS
      • Item icon Example invoice incorporating notification of client's rights - ACT
      • Item icon Example invoice incorporating notification of client's rights - NT
      • Item icon Example invoice incorporating notification of client's rights - WA
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors