Company services
Public company limited by shares.
A public company limited by shares can raise capital beyond the 50-shareholder limit that applies to proprietary companies. It also carries heavier obligations, a constitution, an AGM, audited accounts and at least three directors.
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 registering a public company involves.
We register the company with ASIC, prepare a constitution suited to an unlisted public company, appoint at least three directors (two ordinarily resident in Australia) and a resident secretary, and set the share capital and classes.
We also explain the ongoing obligations clearly: annual general meetings, financial reporting and audit, the disclosure rules that apply to fundraising, and the restrictions on related party transactions.
Fundraising from the public generally requires a disclosure document. Ask us before you take money. The consequences of getting it wrong are personal.
Why it pays to have this done properly.
No 50-shareholder ceiling
Capital can be raised from a wide investor base, which a proprietary company cannot do.
A constitution built for the purpose
Meeting procedure, share classes, directors' powers and transfer rules drafted for a public company rather than adapted from a Pty Ltd template.
Obligations mapped up front
You know what audits, meetings and reports are coming before you commit to the structure.
Is this you?.
- You need to raise capital from more than 50 investors
- Your project requires an unlisted public company vehicle
- You are preparing for an eventual listing or major raise
- A regulator or licence condition requires a public company
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 public company constitution, consents and the ASIC application, 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 professional fee plus ASIC registration fees at cost. Fundraising documents and disclosure advice are quoted separately once we understand the raise.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
How many directors do we need?
Do we have to be audited?
Can we convert a Pty Ltd into a public company?
Related services.
Public company, limited by guarantee
The standard structure for not-for-profits, charities and member associations.
Learn moreAdopt a constitution
Replace the replaceable rules with a constitution built for your company.
Learn moreCompany registration
A properly constituted Pty Ltd company, registered with ASIC and ready to trade.
Learn moreReady to get started with public company, limited by shares?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.