What is a Constitution?
The Constitution for most companies is drawn up prior to the registration of the company. The Constitution has the effect of creating a contract between:
- the company and each member;
- the company and each director;
- the company and the company secretary;
- a member and each other member.
A company must provide an up-to-date copy of the Constitution (s139) to any member who requests it within 7 days (or within 7 days of the fee being paid if a fee up to the prescribed amount set out in the Corporations Regulations 2001 (the Regulations) (reg 1.1.01), is charged).
It is not necessary to lodge the Constitution of a proprietary company (not being an unlimited company) with the application for registration but they must be kept with the company's records and made available if required.
Do I receive one from you if I register a company?
Yes this is generated by our system and emailed to you upon completion of your company registration. It will be included in your Company Register.