The Company Memorandum is a crucial corporate document required when establishing a company in Australia. It serves as part of the company's constitutional documents and must comply with the Corporations Act 2001 and relevant state legislation. This document is typically prepared during company formation and outlines fundamental aspects such as the company name, type, registered office, share capital structure, and member liability. The Company Memorandum remains a living document that may need to be updated as the company evolves, particularly when changes occur in share capital structure or company objectives. It forms the basis for corporate governance and is essential for registration with ASIC (Australian Securities and Investments Commission).
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1. Company Name and Type: Specification of the company's name and type (e.g., company limited by shares, unlimited company)
2. Registered Office: Statement of the location of the company's registered office
3. Objects and Powers: Statement of the company's main business objectives and powers (if the company chooses to restrict these)
4. Liability of Members: Declaration of whether and to what extent members' liability is limited
5. Share Capital: Details of the company's share capital structure and initial allocation
6. Member Details: Information about initial members and their shareholdings
1. Company Objects Restrictions: Optional restrictions on company objects - only needed if the company wants to restrict its activities to specific purposes
2. Special Rights: Special rights attached to particular classes of shares - only needed if the company will have multiple share classes
3. Foreign Ownership Provisions: Specific provisions regarding foreign ownership - required only if relevant to the company's structure or industry
4. State-Specific Provisions: Additional provisions required by specific state legislation - only needed if operating in states with special requirements
5. Industry-Specific Clauses: Provisions specific to regulated industries - only needed for companies in specific regulated sectors
1. Initial Shareholding Schedule: Detailed breakdown of initial share allocations and shareholder information
2. Share Rights Schedule: Detailed description of rights attached to different classes of shares
3. Prescribed Forms: Standard forms required under the Corporations Act 2001
4. Company Seal: Design and rules for use of the company seal (if adopted)
5. Professional Certificates: Copies of any required professional or industry certifications
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