Do I need a Company Constitution?

Your business is valuable – you’re going to invest time and money into its success. This should mean you want to retain as much control as possible when it comes to how decisions are made.

A Company Constitution is crucial to this because it governs the way your company is managed and operated. Electing to use your own Company Constitution gives you control over how your business responds to issues. It can also be used to minimise risk in your business by providing clear guidance for the future.

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Why not use the Replaceable Rules instead?

Most companies are required by law to have a constitution and must adopt one during company registration. Companies can choose between creating their own constitution or adopting the Replaceable Rules (or both).

Without a Company Constitution, you will be left to rely on and interpret the Replaceable Rules. In many cases, these rules may be insufficient or difficult to apply to your circumstances.

Having your own Company Constitution gives you clarity and control over the most important aspects of your business. It’s also constructed with your business in mind, which means you won’t have to rely on a generic set of rules to make decisions for you.  

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Frequently Asked Questions

A Company Constitution is a legal document that governs the way your business is run. It gives clear guidance about how decisions are made, how to resolve disputes, appoint directors, vote, and deal with issues affecting your business.

Every situation is different, which is why you need expert advice from a commercial lawyer. We’re small business specialists, so you know you’re in safe hands with us.

We’ll consider your unique situation and let you know if we think this is right for your business.

Our head office is at Inspire Cowork – a coworking space in Sydney – but we also support flexible work for our team. Our lawyers can work from anywhere.

We use technology to come to you, wherever you’re located around Australia. Many of our clients work from home or at coworking spaces, just like us.

We communicate with our clients via phone, email and Zoom – whatever works best for you. There’s no need to meet face to face, but if you’re ever in the area you’re welcome to drop in!

Generally it takes around 2 weeks to complete a drafting project from start to finish.

If you have asked us to prepare more than one document, we’ll try to complete them at the same time to speed things up. If something is urgent or you are working to a deadline, please let us know ahead of time and we will do our best to meet your timeline.

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