Companies

What to do if you have lost a Company Constitution?

Shareholders to update a company constitution with a simple resolution.

Generally if a constituent document such as a Discretionary or SMSF Trust Deed is lost you would need to do a Deed of Lost Deed.  On that it is a good idea to go to all your clients and ensure they all have copies of their Deeds. A lost Deed can create significant problems in divorce, death and even getting a bank loan.

However for companies, section 137 of the Corporations Act 2001 allows the shareholders to update a company constitution with a simple resolution.  This is a good idea anyway as our constitution enables the use of the Successor Director.  To upgrade you can access the Upgrade to LightYear Docs Standard Company document, once you are logged in to your account and click on the Document Wizard in Templates / Company / Variation, Upgrades and Admins / Standard Companies folder or simply search the file name.

 

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 Abbott & Mourly directly.
Reviewed: 17/01/2024