It is often the case that a person will register their company directly with ASIC, receive their Certificate of Registration and start trading.
Most people are unaware that a company register and constitution are required to have your company compliant.
Having a company incorporated without having the required details recorded in a company register should be cause for concern.
According to the Corporations Act 2001 a company needs to set-up and maintain a register of members, officeholders, addresses of the company and must have an up to date constitution.
Changes to the company details also need to be reported in the company register to ensure the register is a valid reflection of the information held by ASIC. For example, if a company director has resigned, the lodged forms and signed minutes need to be kept in the register.
The solution is to have the company details, minutes and registers created along with an adoption of a new constitution (constitution = the rules by which the company operates).
Our company reconstruction service includes;
- Historical Company Report to ascertain the changes in any details of the company over time;
- Adoption of a new constitution; and
- Creation of the directors consents, members consents, share certificates, directors minutes and any other relevant documents.