Company services

Changes to a sole director company.

A sole director company is efficient until something happens to the director. Appointments, resignations and death all need specific steps, and ASIC will not accept a resignation that leaves the company without a director.

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 changes we handle.

We prepare appointments and resignations of directors and secretaries, changes to shareholdings and registered office, and the ASIC notifications for each. Where the sole director wants to step back, we make sure a replacement is validly appointed first.

We also deal with the harder cases: a sole director who has died or lost capacity, where the personal representative or attorney must appoint a new director before the company can operate again.

A sole director cannot resign and leave the company without a director. ASIC will reject the lodgement and the resignation will not take effect.

Why it pays to have this done properly.

Succession that actually works

Constitutional power for an executor or attorney to appoint a director is the difference between a smooth transition and a court application.

Valid appointments and consents

Consents to act, director IDs and registers are completed properly so the change stands up to scrutiny.

ASIC deadlines met

Officeholder changes must be notified within 28 days. Late lodgement fees are avoidable.

Is this you?.

  • You are the only director and want to appoint another
  • You need to resign and hand the company to someone else
  • A sole director has died or lost capacity
  • Shares and control need to move together

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.

  1. 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.

  2. 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.

  3. 03

    We prepare and lodge

    We draft the appointment or resignation documents, consents and ASIC forms, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.

  4. 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 per change including ASIC lodgement. Deceased or incapacity matters are quoted after we review the constitution and estate documents.

Request a fixed-fee quote

FAQs

Frequently asked questions.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

What happens if the sole director dies?
The personal representative can usually appoint a new director if the constitution or replaceable rules allow. If not, a court application may be needed.
Can a sole director also be the secretary?
Yes, and a proprietary company is not required to have a secretary at all.
How quickly must ASIC be notified?
Within 28 days of the change to avoid late fees.

Ready to get started with changes to sole director company?.

Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.