Company Lawyers

Your experts on Company Law in Brisbane 

At Adviilaw, we have an established reputation as experts in the area of company law. Guiding businesses through all aspects of business and commercial law in the Gold Coast area, Brisbane, Sunshine Coast and beyond, our highly-qualified and business-savvy law professionals are able to advise on all areas relating to corporate governance and regulation, helping to keep your business running and growing.

With extensive experience representing and advising companies of all sizes, our ultimate goal is to provide smart and practical advice on your business’ powers, rights, responsibilities and legal options. Book a meeting with us today to get the professional, tailored legal advice your business needs.

FAQs

What is included in company law in Australia?

Company law, also known as business law and corporate law, governs how corporations are formed, operated, and ultimately ended. Put simply, this law is concerned with the rights, obligations, conduct and internal management of companies including the officeholders and members of the company. It deals with rights, the powers and responsibilities of the internal management and governance of companies, directors, shareholders and other company officeholders and  members under the Corporations Act 2001 (Cth) and the company constitution (if the company has adopted a constitution), or a combination of both.  The Corporations Act provides the framework that governs the conduct of all Australian companies.

We will advise our clients about:

• Business structuring (company vs. trust vs. other legal structure)
• Powers, rights and responsibilities of a company, director or shareholder under the company constitution, trust deed and shareholder agreement
• Powers of a company, director or and shareholder under the Corporations Act and other legislation
• Issuing shares and raising equity or debt capital
• Complying with internal administration requirements for a company
• External administration options for a company in the event of insolvency (including, for example, entering voluntary administration and a deed of company arrangement with creditors)
• rights against the Australian Securities and Investments Commissions (ASIC)
• rights against the Australian Competition and Consumer Commission (ACCC)
• rights against the Australian Taxation Office (including, for example, dealing with director penalty notices).

Contact us if you’d like advice from one of our expert business lawyers in Brisbane on matters related to company law and your business.

Do Australian companies have by-laws?

In Australia, the rules that govern the internal management and the day to day operations of a company, the company officeholders and members can be found in the Replaceable Rules and the Company Constitution (if the company has adopted one), or both. 

The “Replaceable Rules” are contained in the Corporations Act 2001 (Cth) and these national rules govern the internal management and the day to day operations of a company. Whilst it is not compulsory for a company to adopt a company constitution, a private company may choose to adopt a company constitution to govern the internal governance and day to day operations of the company, which may override or amend the replaceable rules.

There are several factors to consider in order to decide which legal framework and structure will best suit your business needs. Our expert business and commercial lawyers in the Gold Coast and Brisbane areas can advise you on the best way forward for your business.

What is a shareholders agreement?

A shareholder’s agreement is a contract that outlines the relationship between the shareholders of the company. The shareholders of the company may wish to enter into a shareholders agreement to govern the rights, obligations and responsibilities of each shareholder to the other shareholders and between the shareholders and the company.  

Can a Company Constitution override the Replaceable Rules?

A formally adopted company constitution may override the replaceable rules under the Corporations Act 2001 (Cth) if it expressly states so. A shareholder’s agreement will usually override a company constitution in the event of any inconsistency. In the event that the company has not formally adopted a company constitution for the company then the shareholders agreement cannot override the replaceable rules, and the replaceable rules will prevail. 

Contact us if you require legal advice, assistance or representation in any of these areas, or would like to arrange a consultation with one of our experienced company lawyers.

How do I know which laws are applicable for our company?

As with many areas of law, company or business law can be a complex area to navigate. There are many laws applicable to the formation of a company, its business operations, and even its insolvency. The Corporations Act 2001 (Cth) regulates such matters as the formation and operation of companies, the requirements of its officeholders and members including issuing of shares, appointing company officeholders, company takeovers and insolvency.

At ADVIILAW, we are your trusted experts in business and commercial law for the Gold Coast, Brisbane, Sunshine Coast and beyond. We are ready to assist you with your business legal needs, no matter how complex. Book a meeting with us today to get the tailored legal advice that your business needs. And, to keep up to date on the areas of business and commercial law, be sure to regularly visit our site to view our collection of comprehensive articles.

We advise companies, directors and shareholders.

For example, we will advise our clients about:

• Business structuring (company vs. trust vs. other legal structure)
• Powers, rights and responsibilities of a company, director or shareholder under the company constitution, trust deed and shareholder agreement
• Powers of a company, director or and shareholder under the Corporations Act and other legislation
• Issuing shares and raising equity or debt capital
• Complying with internal administration requirements for a company
• External administration options for a company in the event of insolvency (including, for example, entering voluntary administration and a deed of company arrangement with creditors)
• rights against the Australian Securities and Investments Commissions
• rights against the Australian Competition and Consumer Commission
• rights against the Australian Taxation Office (including, for example, dealing with director penalty notices).

Contact us today on 07 3088 7937 or email us at [email protected] if you require legal advice, assistance or representation in any of these areas, or would like to arrange an initial consultation at our office with one of our experienced lawyers.