Company title advice
We advise on company title property, including share transfers, shareholder rights, and company governance.
What is company title and how does it differ from strata or community title?
In a company title arrangement, a company is the registered owner of the building or land, and individual occupants own shares in that company which entitle them to occupy a particular lot or unit under a proprietary lease or occupation agreement. Unlike strata or community title, company title is not governed by a dedicated statutory scheme; instead, the rights of shareholders are determined largely by the company’s constitution, the terms of the proprietary lease or occupation agreement, and the Corporations Act 2001 (Cth), which applies nationally. This can make buying, selling, and financing company title property more complex than dealing with registered interests in land. Share transfers typically require the approval of the company’s board, and the conditions for approval depend on the company’s constitution. We advise shareholders, purchasers, and vendors on company title transactions, governance issues, and the practical implications of dealing with company title property across Australia.
How is company title property bought and sold?
Buying or selling company title property involves a transfer of shares in the company rather than a transfer of land, and the transaction is governed by the company’s constitution and the Corporations Act 2001 (Cth) rather than by the standard conveyancing process. The board of the company must typically approve the transfer of shares, and the conditions for approval depend on the company’s constitution. We advise on the process for buying and selling company title property and what approvals are required before a transfer can be completed.
Can I mortgage company title property?
What rights do I have as a company title shareholder?
As a company title shareholder, your rights to occupy a particular part of the building derive from the shares you hold and the terms of the proprietary lease or occupation agreement associated with those shares. Your rights are governed by the company’s constitution and the Corporations Act 2001 (Cth), rather than by a statutory property scheme, which means the scope of your rights depends entirely on the documents that established the arrangement. We advise on shareholder rights and the practical implications of your occupation agreement before any dealing or dispute arises.
What happens if the company is wound up or the building is sold?
If the company that holds the building is wound up, the shareholders’ rights to occupy their respective parts of the building may be affected, and the outcome depends on the company’s constitution and any agreements between the shareholders. A decision to sell the building as a whole requires a resolution of the shareholders in accordance with the company’s constitution and the Corporations Act 2001 (Cth). We advise on the implications of a proposed winding up or sale and what options are available to shareholders in those circumstances.
Company title structure understood before you buy or deal.
Board approval and transfer process managed correctly.
Financing implications identified before you rely on company title as security.
Company title property is more complex than it appears, and the rights that come with it depend on documents most buyers have never read.
In a company title scheme, you do not own the property. You own shares that entitle you to use it.
- We will review the company's constitution and occupation agreement and advise on the rights that attach to your shares.
- We will advise on the process for buying or selling shares, including the board approval required.
- We will advise on the financing implications and what security can be provided to a lender.
- We will advise on shareholder disputes and governance issues within the company.
You want to buy, sell, or deal with your company title property, but the company structure creates complications that do not arise with strata or freehold ownership.
What's included in your company title advice service
- Company constitution and occupation agreement review.
- Buying and selling shares advice and transfer process management.
- Board approval process advice and assistance.
- Financing and security implications advice.
- Shareholder rights and governance advice.
What goes wrong when company title property is dealt with without proper advice?
Here is how we help you deal with company title property correctly.
Structure understood, transfer managed, rights confirmed before you commit.
Review and advise.
We review the company's constitution and occupation agreement and advise on what the structure means for your proposed dealing.
Manage the transfer.
We manage the share transfer process, including board approval and recording, to ensure the dealing is completed correctly.
Confirm your position.
We confirm your rights as a shareholder and advise on financing, governance, and any restrictions that apply to your shares.
Property lawyers experienced in company title transactions, shareholder rights, and governance issues across Australia, with a particular focus on New South Wales and South Australia.
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.
