Build a Company - checked by our Law Firm
Register your new company on our law firm’s website
We check your company registration. This is before it proceeds to ASIC.
Incorporating a company with ASIC is important.
Our company and constitution comply as:
1. a trustee of a family trust, unit trust and bare trust
2. a trustee of Self-Managed Superannuation Fund (special purpose)
3. a trustee of a Custodian Bare trust when an SMSF borrows
4. a crowd-sourced funding vehicle
5. a vehicle to operate a business
Restricting your choice of company name
As you build your company on our website, check if your preferred company name is available.
You can’t use the words:
‘bank’
‘trust’
‘royal’
‘incorporated’
You can’t use words that could mislead people about a company’s activities. This includes links to the Government, the Royal Family, or ex-service groups.
ASIC refuses offensive and illegal names.
Allowed short-forms in company names
and: &
Australian Business Number: ABN
Company: Co, Coy
Proprietary: Pty
Australian: Aust
Proprietary Limited: Pty Ltd
Constitution vs replaceable rules
Companies are governed by:
* a constitution (recommended), or
* replaceable rules
Replaceable rules (from the Corporations Act 2001) provide a basic set of rules for your company. They are not good. Few accountants, lawyers or advisers recommend them.
Replaceable rules are less than the bare minimum. There are many additional powers that a company should have. These are only found in a constitution.
Replaceable rules change at the whim of the current government. While the changes may benefit ‘society’, they may not be in the best interests of shareholders. In contrast, shareholders amend constitutions anytime.
Our Company Constitution contains:
* Adjunct Professor, Dr Brett Davies’ Doctorate was on business succession planning, our pre-emptive rights are cutting edge
* tag along requirement’ forcing minority shareholders to also sell their shares together with majority shareholders
* accountant friendly, GAAP compliant valuation powers
* profit distributions, even when there is no ‘profit’ for ATO purposes
* over 30 different classes of shares
* allowing Directors and shareholders to use Skype and other online facilities
* built-in Division 7A Loan Deeds
Seven advantages of using a law firm website to build your company
The 7 advantages of using Legal Consolidated:
- 94% of incorporations happen within 25 minutes of you building the company online
- our lawyers personally vet the details before submitting to ASIC
- when required, we contact ASIC to confirm your company name
- what if your company name is unavailable or challenged by ASIC? We contact you via telephone and help you find one that is available
- you receive a secure, personalised email containing
- Certificate of Incorporation
- Company Constitution
- All minutes
- Letter on our law firm’s letterhead
- as always, our hints and training videos guide you. The law firm is available 24/7 via telephone for legal advice on how to build your document
- a constitution is a deed. Only a law firm can legally prepare deeds.
Company tax rates
A company pays tax at a fixed rate. (In contrast, a human being pays tax at different marginal tax rates. The more you earn the higher the tax rate.) Your company (flat) tax rate depends on whether the company is a base rate entity.
From 2020 there is a 5% difference.
For example, in 2018/19, a company’s base rate entity and use the Low Rate if its aggregated turnover is less than $50m and 80% or a less of its assessable income is base rate passive income. Passive income includes such things as dividends and rent.
The maximum rate that a company can use to frank dividends is its corporate tax rate for imputation purposes. It is worked out based on the company’s position in the prior year. It is either the current year Low Rate or the High Rate based on the prior year’s levels of aggregated turnover, base rate passive income and assessable income.
If the company was set up in the current year then the maximum franking rate is the Low Rate for the current year.
For more legal advice telephone us. We are a law firm. We can help you answer the questions.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
National Australia law firm
Mobile: 0477 796 959
National: 1800 141 612
Email: brett@legalconsolidated.com