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What Are the 13 Documents Lawpath Provides Upon Company Registration?

What Are the 13 Documents Lawpath Provides Upon Company Registration?

Find out in this guide the 13 documents that you will receive upon company registration with Lawpath, and what each of them do.

11th June 2020

Please note: The 13 documents are only available with our Basic, Standard and Full company bundles. You can now also sign these documents online using our new eSignature tool. Please contact us at [email protected] if you have any further questions.

1. Certificate of Company Registration

The pillar of your 13 documents, this document certifies that your business is a registered company under the Corporations Act 2001 (Cth). This is also includes the state your company is registered in and the day of commencement of registration.

2. Constitution

A Company’s Constitution governs the company’s internal management. A Constitution is an essential and crucial document that governs the relationship of a company’s directors and shareholders, and also the activities of the company. Further, a company must provide an up to date copy of the Constitution seven days after a request from a member of the company. It is, therefore, imperative to have an up to date Constitution.

3. Share Certificates

A Share Certificate is a document which provides legal proof of ownership over the indicated number of shares. This document should include the shareholder’s name, as well as how many shares they own.

4. Blank application for Shares

An Application for Shares document indicates the number of shares and type of shares that an entity is applying for. It also serves as an agreement by that entity to be bounded by the Constitution of the company, and authorising the company to put his/her name in the Member Register.

5. Office Holder Consent forms

It is a legal requirement that all company secretaries, directors, and members specified in the registration consent in writing to act in the appointed capacities before a company is registered. Officer holder consent forms facilitate this process.

6. Public Officer Letters to Commissioner of Taxation

Under Australian law, a company must be represented by a duly appointed ‘Public Officer’. This must occur within 3 months after the company commences to carry on business or derive income. The Public Officer letters to the Commissioner of Taxation is a notification to the ATO of the company. Further, it provides the ATO with the company’s Tax File Number for taxation purposes.

7. Occupier Consent Form

The occupier has to consent to their address being the registered office of the company. This form is a written consent for the company to use the property occupied by the occupier as its registered office.

8. Member Register

A company member is also often referred to as a shareholder.
A Member Register is a record of the names and addresses of the shareholders of a company, together with the number and class of shares that each shareholder holds. This register is regularly updated, so the list of shareholders in the company is current.

9. Blank Consent Forms & Share Certificates

You can use these blank consent forms and share certificates as and when you need to. Further, if you want to issue more shares or add more officeholders, you will need to issue these documents.

10. Registers of Charges

A charge is a secured interest over an asset(s) of a company. It is essential that a company keeps a record of the charges it has to keep track of them.

11. Register of Debentures

A registers of debentures is a document which acknowledges or also creates an existing debt. Issued by companies, this document can also make a provision for the repayment of a future loan. It may or may not include a charge. It is essential that the company keeps a record of the debentures it issues to keep track of them.

12. Resolution of Members

A resolution is a formal process where company shareholders make decisions. This Resolution of Members document provides a template for you to keep a record of the resolutions proposed and accepted by the members of your company.

13. Share Transfer Journal

The final of your 13 documents, a share Transfer Journal keeps a record of the transactions in transfer of shares between shareholders, ensuring that there is a clear audit trail of each transfer. When you receive your documents we will provide you with instruction on how to sign and use the above documents when you register a company.

Signing your documents online

To make the process of getting your company up and running even smoother, you can now sign all your documents online within the app. Our new eSignature tool allows you to sign these documents and also send them to others for signing. After this you can download the signed copies and you’re all set to go!

Don’t know where to start?
Contact a Lawpath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Author
Dominic Woolrych

Dominic is the CEO of Lawpath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.