Corporate governance framework
Put a governance framework in place that protects your business and limits your personal exposure.
Many businesses operate for years without formal governance structures. Roles blur, decisions are made informally, and the absence of documented processes creates a growing risk of disputes, compliance failures, and personal liability for directors. The larger and more complex the business, the more costly this gap becomes, and the harder it is to fix after a problem has already arisen.
Why good governance matters...
What is corporate governance?
What are the risks of poor governance for directors?
Directors who do not understand and comply with their obligations under the Corporations Act 2001 (Cth) (the Act) can face personal fines and, in serious cases, criminal liability. The Act imposes duties including the duty of care and diligence, the duty of good faith, and the duty to prevent insolvent trading. Poorly documented decision-making also exposes the business to disputes and makes it harder to demonstrate compliance if challenged.
Do I need a shareholders' agreement if I already have a company constitution?
How often should governance arrangements be reviewed?
Governance arrangements should be reviewed whenever there is a significant change in the business such as new shareholders entering, existing shareholders exiting, a change in strategy, or significant growth. As a general rule, a governance review every two to three years is good practice, even in the absence of a triggering event.
Reduce personal liability
Prevent disputes
Attract investment
Build a business that runs on clear foundations.
The cost of poor governance is always greater than the cost of getting it right.
- We will review your current governance arrangements and identify the gaps.
- We will advise on appropriate board, director and management structures for your business.
- We will review or draft your company constitution.
- We will draft shareholder agreements or joint venture agreements where required.
- We will assist you implement proper board and management processes, including meeting procedures and resolutions.
The informal arrangements are starting to cause problems
What's included in your corporate governance framework service
- Governance review and gap analysis.
- Company constitution review or drafting.
- Shareholder or joint venture agreement drafting.
- Board and management structure advice.
- Director duties and compliance guidance.
Governance is not red tape. It is what protects the business and its directors.
Most governance failures do not happen because the owners were dishonest or reckless. They happen because the structures and documentation were never properly put in place and no one noticed the gap until a dispute, a tax review, or a director liability claim made it impossible to ignore. Blurred lines between shareholders, directors and management create informal decision-making. Informal decision-making creates disputes. And by the time the disputes arise, the cost of fixing what was never set up properly is significantly greater than the cost of getting it right at the start.
From informal arrangements to a business that runs on clear foundations
From informal arrangements to a properly governed enterprise.
Review and assess
We review your current structure, constitution and documentation to identify gaps and priorities.
Design and document
We design a governance framework tailored to your business and prepare the required documentation.
Implement and educate
We help you implement the framework and ensure all stakeholders understand their roles and obligations.
Experienced commercial lawyers ready to build a stronger governance foundation for your business.
We understand that governance can feel like an administrative burden when your focus is on running and growing your business. ADLV Law has helped businesses of all sizes, from generational family businesses to growing enterprises, put practical, workable governance frameworks in place that address real risks without creating unnecessary complexity.
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.
