Shareholders agreements, owners agreements and tailored constitutions
Document the terms of your enterprise before something forces the issue.
Shareholders agreements, owners agreements and tailored constitutions
What should a shareholders agreement cover?
What is the difference between a shareholders agreement and a constitution?
The constitution is a public document filed with ASIC that governs the company’s internal management under the Corporations Act 2001 (Cth). It sets out the basic rights and obligations of directors and shareholders. A shareholders agreement is a private contract between the shareholders that can cover matters the constitution typically does not – including exit rights, dispute resolution, restraints of trade, and funding obligations. They serve complementary purposes and most companies with two or more shareholders benefit from having both.
Do all shareholders need to be party to the agreement?
What happens if we don't have a shareholders agreement?
Without a shareholders agreement, the relationship between shareholders is governed entirely by the company’s constitution and the Corporations Act 2001 (Cth). This leaves many important matters unaddressed – there is no agreed mechanism for handling a shareholder exit, no agreed dispute resolution process, and no agreed restrictions on shareholders starting a competing business. In practice, this means that when disagreements arise, they escalate quickly and the only resolution available is expensive litigation. A shareholders agreement does not prevent disagreements – it provides a clear, agreed framework for resolving them.
Clarity from the start
Disputes resolved without litigation
Tailored to your business
Get your ownership arrangement documented before something forces the issue.
Now you understand the essentials. Let us show you exactly how we help families like yours secure their legacy.
Undefined ownership terms become expensive problems.
When people go into business together without a documented agreement, they rely on mutual trust and shared assumptions that may not actually be shared. When disagreements arise (and in most business partnerships, they do) there is no agreed mechanism for resolving them. The result is usually expensive litigation, a damaged business, and a broken relationship that did not have to end that way.
- We will work with you and your co-owners to identify and agree the key terms of the relationship.
- We will prepare a shareholders or owners agreement covering decision-making, dividend and profit policy, exit rights, transfer restrictions, and dispute resolution.
- We will prepare or review and tailor your company constitution to align with the agreement.
- We will advise on any provisions specific to your business type or industry.
- We will prepare any ancillary documents required, including employment or consulting agreements for owner-operators.
When you are going into business with others and want to get it in writing
You are starting or already running a business with one or more co-owners. Things are going well, but the relationship has no documented framework. If one of you wants to exit, bring in a new partner, or disagrees about a major decision, there is nothing in writing to resolve it.
You want a document that captures what everyone has agreed, protects everyone’s position, and provides a clear path forward if something changes.
What's included in your shareholders agreement service
- Shareholders or owners agreement preparation.
- Constitution preparation or review and tailoring.
- Decision-making and control provisions.
- Exit, buy-out, and transfer restriction mechanisms.
- Dispute resolution provisions.
Business partnerships break down. A good agreement means they don't have to break the business.
Most business partnerships are formed on a handshake and a shared vision. For a while, that is enough. But businesses change. Revenue grows or falls, one partner works harder than another, someone wants to bring in a new investor or exit entirely.
Without a documented agreement, every one of these events becomes a potential conflict. What should be a manageable commercial negotiation becomes a dispute about who owns what, who decides, and what the other person agreed to years ago. By the time lawyers are engaged, the relationship is often beyond repair and the business is caught in the middle.
From a handshake arrangement to a clear documented framework
We work with you and your co-owners to get the important questions on the table before they become problems. This includes how decisions are made, how profits are shared, what happens when someone wants to leave, and how disputes are resolved. The agreement we produce is not a generic template. It reflects how your business actually works and what you have actually agreed. When it is in place, every owner knows where they stand – and that clarity is one of the most valuable things a business can have.
From a verbal understanding to a clear documented framework.
Instructions and issues
We take detailed instructions from all owners on the key terms, identify issues that need to be addressed, and flag anything not yet agreed.
Drafting and review
We prepare the agreement and constitution, circulate drafts for review, and work through any outstanding issues with you.
Execution and finalisation
We finalise and execute the documents, ensuring all owners have signed and the arrangement is properly documented.
Business lawyers who have prepared hundreds of shareholders agreements, owners agreements, and tailored constitutions across a wide range of industries.
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.
