Start a company kit
Start a company kit
Get everything you need to start your own proprietary limited or public company in your state or territory with this simple to use kit.
✓ Registration forms
✓ Share register
✓ Register of Officers
✓ Consent templates
✓ Shareholders Deed
✓ Company constitution
✓ Minutes of meeting template
✓ Information booklet
✓ Step-by-step instructions
START YOUR OWN COMPANY
The start your own company kit gives you all the forms and instructions that you need to form a company and protect your personal assets. The kit contains essential forms and templates together with simple to follow instructions on how to draft a shareholders deed and company constitution, and covers everything you need to know about getting your company up and running.
A shareholders deed and company constitution covers important issues about how your company will operate, such as how decisions are made and other rules that govern the internal management of your company.
You will also learn about how to choose a business name, comply with your tax and legal obligations, and obtain other registrations that you need to start a company in Australia. You don’t have to pay a service provider to register your company, you can save money and register your company yourself, using this simple to follow kit.
This kit will help you to:
Choose the right legal structure for your business;
Choose the right type of company;
Draft your company constitution;
Draft your shareholders deed;
Ensure agreement between owners;
Attend to the administrative matters to start a company in Australia; and
Register your company.
ISSUES THAT ARE COVERED:
The guide focuses on proprietary limited companies, however, public companies are also covered. Some of the main issues covered in the guide include (but are not limited to):
What is a company?
Types of companies
Basic company legalities
Choosing directors and shareholders
How to draft a company constitution
How to draft a shareholders deed
Choosing a company name
Choosing classes and numbers of shares
Registering your company
Ongoing compliance obligations, and more!
WHAT'S IN THE KIT?
The kit includes the following:
Company constitution template - Fill-in-the-blanks (Word doc)
This easy to customise template sets out the standard and commonly used terms in a company constitution.
Shareholders deed template - Fill-in-the-blanks (Word doc)
Contains customisable fields to suit your business needs. Covers issues such as voting rights and duties of directors.
Instruction Guide - simple to read PDF booklet
Learn about how to form a company, draft a shareholder’s deed, company constitution and more. The guide is written in plain language to help you better understand the legal issues.
Consent from members template
Consent from officeholders template
Register of Officeholders
Minutes of meeting - registration of a company
Application for registration and more!
DIY START A COMPANY KIT - HOW IT WORKS
1. CLICK DOWNLOAD: Press the orange download button
2. YOUR DETAILS: Enter your personal details
3. PAYMENT: Enter your credit card details on a secure payment page. Download your kit straight away!
What is a shareholders deed? . . .
A shareholders deed is a contract between the shareholders of a company that governs their relationship and business arrangements, sets out their rights, responsibilities, obligations and liabilities, and protects their interests. It relates to matters separate from, but is usually read with, a company's Constitution.
What is a Company Constitution? . . .
It's not a requirement for a company to have a Constitution. If a company does not have its own Constution, then it can rely on the provisions in the Corporations Act, called the “replaceable rules” to govern its internal management. Section 141 of the Corporations Act, contains a table that sets outs each of the replaceable rules. If a company has not yet been registered, the persons that consent to be members of the company must agree in writing to the terms of the constitution before the application for registration has been lodged. If the company is registered, then the company must pass a special resolution adopting it. A special resolution is a resolution that has been passed by at least 75% of the votes cast, usually at a general meeting.
What is a deed of accession? . . .
There may be a time when a person buys shares in the company and becomes a shareholder. The new shareholder needs to be incorporated into the shareholders deed. A new shareholder can sign a Deed of Accession to the shareholders’ agreement. Upon signing the Deed of Accession, the new shareholder will be bound by the provisions of the shareholders’ agreement. The Deed of Accession should sign the Deed od Accession as soon as the new shareholder becomes a shareholder.
Why do I need a shareholders deed and Company constitution? . . .
Although you and your business partners may be on good terms now, sometimes running a company puts a strain on that relationship. A Shareholders Agreement helps protect your interests if problems arise. If a disagreements arises, it can be very helpful to have a clear idea of what the business owners have agreed to before the dispute, or if an owners circumstances change with regard to their ability to run the company.
How do I start a company? . . .
A company is incorporated when it is registered by the Australian Securities & Investments Commission (ASIC). To register a company, you must lodge a prescribed form with ASIC and pay a fee. When ASIC registers a company it will give the company an Australian Company Number (ACN) and issue a certificate of registration.