Company services
Changes to a company constitution.
Sometimes you do not need a new constitution. You need one clause changed. Amending by special resolution is quick, provided the resolution is drafted precisely and any class rights are respected.
Lawyer prepared
Documents prepared and reviewed by a Victorian commercial lawyer.
Fast turnaround
Most registrations and deeds turned around same day or next business day.
Fixed fee, quoted first
Fixed fee quoted before we start, ASIC fees itemised separately.
Compliant documents
Corporations Act 2001 and ASIC compliant documentation.
What amendments typically cover.
Common amendments include creating a new share class, changing dividend or voting rights, adding pre-emptive rights or compulsory transfer provisions, permitting electronic meetings and execution, or adding the trustee clauses a lender requires.
We review the existing document, draft the amending resolution so the amended text reads cleanly, and prepare a consolidated version so there is a single working document.
If the change varies rights attached to a class of shares, class consent is required in addition to the special resolution.
Why it pays to have this done properly.
Precise, minimal change
Only what needs to change is changed, with the amended clause drafted to sit properly in the existing document.
Class rights protected
We identify where separate class approval is needed before the resolution is put, not after it is challenged.
A consolidated version
You keep one readable document instead of a constitution plus a series of amendment sheets.
Is this you?.
- A new investor requires specific constitutional changes
- You want to create or vary a share class
- The constitution does not permit electronic meetings or signing
- A lender or SMSF auditor has asked for a clause to be added
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the amending special resolution and a consolidated constitution, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed fee for a single amendment and resolution, with a small additional fee for consolidation. Multiple or complex amendments are quoted after review.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Is the amendment lodged with ASIC?
When does the change take effect?
Can we amend if we have no constitution at all?
Related services.
Adopt a constitution
Replace the replaceable rules with a constitution built for your company.
Learn moreAdopt new constitution
Replace an outdated constitution entirely with a modern, compliant document.
Learn moreShare transfers
Transfer shares correctly, with duty, pre-emptive rights and registers dealt with.
Learn moreReady to get started with changes to company constitution?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.