1. Certificate of Company Registration

This is a document certifying that your business is a registered company under the Corporations Act 2001 (Cth), taken to be registered in the state you chose for it to be registered in, and includes the day of commencement of registration.

2. Constitution

A Company’s Constitution govern 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 the activities of the company. Further, a company is required to provide an up to date copy of the Company Constitution seven days after request from a member of the company (or payment, if payment is charged). It is, therefore, imperative to have an up to date Constitution.

3. Share Certificates

A Share Certificate is a document signed on behalf of the company, providing legal proof of ownership over the indicated number of shares.

4. Blank application for Shares

An Application for Shares document indicates 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’ 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, including giving the ATO the company’s Tax File Number for taxation purposes.

7. Occupier Consent Form

The occupier has to consent to his/her address being used as 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 member of a company is commonly called 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 updated on an ongoing basis to maintain a list of the current shareholders of the company.

9. Blank Consent Forms & Share Certificates

These blank consent forms and share certificates are included for you to use as and when you need to.

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 issued by a company that acknowledges or creates an existing debt, or makes 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 means by which decisions are made by a meeting of company shareholders. 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

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 LawPath will provide you with instruction on how to sign and use the above documents when you register a company.

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

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.