1. THE COMPANY CONSTITUTION
If your company is to be governed by one of our standard Constitutions or by your own constitution (the "Constitution"), the company must first adopt the Constitution by way of special resolution of the members passed either at a meeting of the members or by way of written resolution. Please be aware that under the Corporations Act 2001 (Cth) (the Act”) the Constitution will not apply to your company until such a special resolution is passed and the Replaceable Rules in the Act will apply instead. Once your company is registered we shall provide you with a written resolution that members may use to adopt the Constitution. All members must sign the document in order for the resolution to be passed.
2. COMPANY NAME ALREADY RESERVED
When a company name has been reserved with ASIC by you, or your client, the registration of the company may be delayed. ASIC require us to either email them a name reservation withdrawal letter signed by the same applicant that signed the original reservation, or to provide them with the details of the reservation including the document number and expiry date of the reservation. We provide a template reservation withdrawal letter which can be downloaded here.
3. STAMP DUTY
Stamp Duty is payable on various Trust instruments executed in NSW or Victoria (see our Deed Stamping page). We are an agent of Revenue NSW (previously OSR) and Victorian SRO. If you pay to have your trust deed stamped through us with the Victorian SRO or Revenue NSW and fail to return the executed deed (with a completed declaration of execution) to our office for stamping within 9 months from the date of invoice, we reserve the right to refund the Stamping fee to your nominated account (nominated at the time of ordering). Please note that we will not refund our stamping service fee in these circumstances.