Business structure advice for new ventures
Choose the right structure before you commit to the wrong one.
Business structure advice for new ventures
ADLV Law will analyse your specific situation and goals, explain the available structures clearly, and advise you on the option that best suits your circumstances, so you can move forward with confidence.
What business structures are available in Australia?
The main options are sole trader, partnership, company, and trust (typically a discretionary or unit trust). Many businesses operate through a combination of these, for example a company acting as trustee of a family trust. Each structure has different implications for liability, tax, estate planning, and the ability to bring in partners or investors. The right choice depends on your specific circumstances, which is why advice before you decide is important.
Does my business structure affect how much tax I pay?
Can I change my business structure later?
Yes, but restructuring has legal, tax, and administrative costs. Some restructures can be done tax-effectively using available rollovers, but they require careful planning. It is almost always more cost-effective to choose the right structure from the start than to restructure once you are already operating. This is why we recommend getting proper advice before you begin, particularly if you anticipate the business growing or bringing in other stakeholders.
How does business structure affect my personal liability?
A sole trader or general partner in a partnership has unlimited personal liability, your personal assets are at risk if the business cannot pay its debts. A company is a separate legal entity, so shareholders are generally not liable for the company’s debts beyond their share capital contribution. A corporate trustee structure adds a further layer of protection. The appropriate level of protection depends on the nature and risk profile of your business, which is something we assess as part of our advice.
Clarity before commitment
Tailored to your situation
Avoid costly restructuring
Get structure advice before you commit.
Now you understand the essentials. Let us show you exactly how we help families like yours secure their legacy.
The structure decision is too important to make without advice.
- We will analyse your personal circumstances, business model, and long-term goals.
- We will explain the relevant structures and what each means for you in practice — liability, tax, asset protection, and growth capacity.
- We will advise on the structure that best suits your situation.
- We will provide written advice you can act on and refer back to.
When you are ready to start a venture but the right structure is still unclear
You are about to start a new business or venture and you know the structure matters, but you are not certain which option suits your situation. You have heard different things about companies, trusts, partnerships, and sole trader arrangements.
You want clear, specific advice from someone who understands both the legal and practical implications, not a generic comparison that does not account for your circumstances.
What's included in your business structure advice
- Business structure analysis and comparison.
- Tax and asset protection assessment.
- Written structural advice.
- Recommendation of optimal structure for your circumstances.
The wrong structure at the start costs far more than the right advice.
Most business owners make their initial structure decision based on what a friend did, what their accountant briefly mentioned, or what seemed simplest at the time. That decision follows the business for years. The cost of restructuring later, once the business has grown and the tax and legal complexity has multiplied, is almost always many times the cost of getting proper advice at the start. The problem is not choosing badly. It is not knowing what questions to ask before you choose, and not having anyone who asks those questions on your behalf.
From structure uncertainty to a clear, documented decision
We take time to understand your business, your goals, and your circumstances before we advise anything. That means asking about your tax position, whether you have partners or investors, whether you want asset protection, and what your eventual exit looks like.
The advice you receive is specific to your situation. When we are finished, you know which structure to use and why.
From uncertainty to the right structure, with confidence.
Discovery
We take detailed instructions on your business model, goals, personal circumstances, and any co-venturers involved.
Analysis and advice
We analyse the available structures against your specific situation and provide written advice with a clear recommendation.
Implementation support
If you want to proceed, we can manage formation of your chosen structure.
Business lawyers with extensive experience advising on structure for new and growing enterprises.
We understand that starting a new venture involves enough uncertainty without also having to second-guess your legal structure. Our team has advised hundreds of business owners and entrepreneurs on structure decisions from straightforward sole trader arrangements to complex multi-entity structures. We know what questions to ask to reach the right answer for your specific situation.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
