Company Lawyers

If you are setting up a company, bringing in shareholders, transferring shares, changing directors or restructuring an existing business, our company lawyers can help you get the legal structure right.

We provide practical company law advice for business owners, directors, shareholders and investors. We assist with company setup, constitutions, shareholders agreements, share transfers, director changes, company restructures, holding company structures and director or shareholder disputes.

Is a company the right structure for your business?

A company may be suitable if you want to operate through a separate legal entity, bring in shareholders, limit personal exposure to business liabilities or create a structure that can grow over time.

However, a company is not always the best structure. Depending on your circumstances, a discretionary trust, unit trust, fixed unit trust or partnership may be more appropriate.

Before incorporating a company, it is worth considering who should own the shares, who should act as director, whether a holding company is needed, whether a constitution should be adopted and whether a shareholders agreement is required.

Our company lawyers can help you compare your options and choose a structure that is practical, commercially sensible and properly documented.

What should you consider before setting up a company?

Setting up a company involves more than registering a company name with ASIC.

You should consider how the company will operate in practice. This includes who will own the shares, who will control decisions, whether profits will be distributed or reinvested, whether future investors may be introduced and whether shares should be held personally, through another company or by a trust.

These decisions can affect tax, asset protection, control, succession, future sale options and the risk of disputes between owners.

We can help you identify the legal documents and structure needed before your company starts trading, including company registration documents, director consents, shareholder arrangements, constitutions, shareholders agreements and related commercial documents.

For official company registration requirements, you can also review ASIC’s guidance on registering a company.

Do you need a shareholders agreement?

If your company has more than one shareholder, a shareholders agreement is often one of the most important documents to prepare.

A shareholders agreement can set out:

how the company will be managed;
how decisions will be made;
how shares can be transferred;
what happens if a shareholder wants to leave;
what happens if there is a deadlock; and
how disputes will be resolved.

Without a shareholders agreement, disagreements between business owners can become expensive, disruptive and difficult to resolve. This is particularly important where shareholders have different expectations about control, money, workload, funding, dividends or exit rights.

We can advise whether a shareholders agreement is appropriate and prepare an agreement that reflects the way your company will actually operate.

You may also find our article on the rights and obligations of shareholders in a company useful.

Can you change directors or transfer shares later?

Yes – However, changes to directors and shareholders should be handled carefully.

Appointing or removing directors may require consideration of the company’s constitution, replaceable rules, shareholder approval requirements, director consents, ASIC notifications and any shareholders agreement.

If there is tension between directors or shareholders, the process can become more complex.

Share transfers should also be properly documented. This may include share transfer forms, sale documents, board approvals, shareholder approvals, company register updates and ASIC notifications.

There may also be tax, duty, valuation or commercial issues to consider.

Our company lawyers assist with director appointments and removals, share transfers, ownership changes and related company documents so that changes are properly recorded and legally effective.

When should you consider a company restructure?

You may need company restructuring advice if your current structure no longer reflects the way your business operates.

This often happens where a business has grown, taken on new risks, brought in new owners, acquired assets, expanded into new activities or needs to separate trading risk from valuable assets.

A restructure may involve introducing a holding company, transferring shares, moving assets, changing ownership arrangements or preparing the business for sale, investment or succession.

Restructuring should be approached carefully. Poorly implemented changes can create tax, duty, governance, shareholder and asset protection issues.

We can advise on the legal steps required to restructure your company and work with your accountant or tax adviser to ensure the restructure is implemented properly.

For asset holding considerations, you may also find our article on the best way to hold an investment property useful.

Structuring Companies, Protecting Futures

We help business owners, directors and shareholders move forward with clarity and confidence.

Further Structuring Solutions

Company Law Services We Offer

Companies are used for many different purposes, from operating a business to holding investments, managing shareholders, raising capital, acquiring assets or restructuring a group. We assist with the full life cycle of a company, from incorporation through to ownership changes, disputes, transactions and restructures.

Company Incorporation

We incorporate companies and prepare supporting documents, including constitutions, shareholders agreements, director consents and shareholder records.

Directors/Shareholder Disputes

We assist with board and shareholder disputes involving control, voting rights, company money, breaches of shareholders agreements and oppressive conduct.

Share Acquisitions

We conduct legal due diligence on share acquisitions and investments, including company records, ASIC searches, contracts, liabilities, ownership and approvals.

Business Sale Agreements

We prepare, amend and negotiate share sale agreements, business sale agreements and related transaction documents, including warranties, conditions and liability provisions.

Company Restructures

We advise on company restructures, including holding companies, share transfers, ownership changes, risk separation, succession planning and preparing a company for sale or investment.

Holding Company Structures

We advise on holding company structures for asset protection, risk separation, succession planning and future sale planning, including the documents needed to implement the structure properly.

Why seek advice before setting up or changing a company?

Setting up or changing a company can have long-term consequences. Getting advice early helps you avoid common mistakes, reduce risk and put the right legal foundations in place before problems arise.

Proper Structure

A properly structured company can support growth, protect assets and reduce future disputes. We help you consider who should own the shares, who should act as director, whether a holding company is needed and whether another structure may be more appropriate.

Clear Control

Company disputes often arise because control was never properly documented. We help clarify voting rights, director powers, shareholder decisions and approval requirements to give business owners greater certainty.

Future Flexibility

Your company structure should support where the business is going, not just where it is today. We consider future investment, business partners, asset protection, succession and sale planning so the company can grow or restructure with fewer legal obstacles.

Dispute Prevention

Many director and shareholder disputes can be avoided with the right documents in place from the start. We help prepare constitutions, shareholders agreements, resolutions and ownership documents that clearly record expectations.

How our company setup process works

We make the company setup process simple and transparent. Here’s what to expect:

Get in touch

Structure Review

Company Documents

Ongoing Support

Get in touch

Structure Review

Company Documents

Ongoing Support

We’re here to structure
your business properly

Setting up or changing a company can shape your business for years. Our company lawyers help you make the right decisions early, document them clearly and protect your interests as the business grows.

Why choose us for your company law advice?

Our company lawyers deliver practical advice, clear documents and commercially focused support for business owners, directors and shareholders.

Commercial Structuring

We look beyond registration and consider ownership, control, asset protection, investment and succession. Your company structure should support your broader commercial goals.

Plain-English Advice

We explain your options clearly, so you understand what matters, why it matters and what steps should be taken.

Tailored Documents

We prepare documents that reflect your actual arrangements, including constitutions, shareholders agreements, resolutions and share transfer documents.

Risk Focused Drafting

We draft with common company risks in mind, including control issues, deadlocks, exits, funding disputes and misuse of company money.