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Business Structuring & Governance
Business structuring and governance for companies and SMEs
Our business structuring and governance lawyers in Melbourne and Mount Waverley help companies, SMEs and family businesses choose the right structures, document relationships and manage risk. We advise on entity setup, shareholder and unitholder arrangements, governance frameworks and directors’ responsibilities so you can grow your business with clarity and confidence.
Company Incorporation – Establish your company correctly with expert guidance on registration, legal obligations, and compliance.Â
Business Succession – Plan for a smooth transition of ownership, protecting business continuity and stakeholder interests.Â
Buy-Sell Agreements – Ensure a clear exit strategy for business owners, reducing risks in cases of retirement, disability, or unexpected events.Â
Shareholder/Unitholder/Partnership Agreements – Define rights, responsibilities, and dispute resolution mechanisms to protect stakeholders.Â
Corporate Governance – Implement best practices to meet legal and regulatory requirements while safeguarding business integrity.Â
Company Secretarial Services – Maintain statutory compliance with ASIC filings, corporate records, and governance obligations.Â
FAQs: Common questions about business structures, corporate governance and asset protection are answered below.
Frequently Asked Questions About Business Structuring and Governance
Why is choosing the right business structure important?
Your structure affects your personal liability, tax obligations, and your ability to introduce new investors or scale. Getting the structure right from the outset helps protect your personal assets and ensures the business can grow without the need for a costly and complex restructure later.
What is the difference between a company and a trust for a business?
A company is a separate legal entity that can own assets and enter contracts, offering limited liability to shareholders. A trust is an arrangement where a trustee holds assets for beneficiaries and is often used for asset protection and tax-effective income distribution. We advise on which option, or combination of both, best suits your risk profile.
What should be included in a Shareholder Agreement?
A Shareholder Agreement should outline how decisions are made, how disputes are resolved, and what happens if a shareholder wants to leave the business. It acts as a "rule book" to prevent future conflicts and protect the interests of both majority and minority owners.