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ASIC Notification for Change of Company Constitution - Not for Private Companies

A public company needs to notify of a change in the company constitution under section 136(5) of the Corporations Act:

(5)  A public company must lodge with ASIC a copy of a special resolution adopting, modifying or repealing its constitution within 14 days after it is passed. The company must also lodge with ASIC within that period:

                     (a)  if the company adopts a constitution—a copy of that constitution; or

                     (b)  if the company modifies its constitution—a copy of that modification.

This also applies to a proprietary company that has applied under Part 2B.7 to change to a public company, while its application has not yet been determined.

There is no requirement for a private company to notify in terms of a change in constitution.

 
 

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact LY Legal through the Surge App.

Last Reviewed: 08/08/2025

Last Updated: 08/08/2025