Business structures & shareholders agreements
Companies, trusts, shareholder agreements.
The structure you trade through affects your personal liability, your tax and how easily you can bring in investors or sell later. Getting it right at the start costs far less than unwinding it.
We work alongside your accountant: they advise on the tax, we put the legal pieces in place — the company and its constitution, the trust deed, and the agreement between the owners.
How we help
- Choosing between a company, trust or partnership
- Registering companies and setting up share classes
- Shareholders and partnership agreements
- Unit trusts and discretionary trust deeds
- Bringing in a new owner or investor
- Directors' duties and governance
Good to know
- Company
- A company is a separate legal entity, which usually limits the owners' personal liability. Directors still have legal duties, and lenders and landlords often ask for personal guarantees.
- Trust
- Trusts offer flexibility in distributing income and can help protect assets, but they add cost and complexity. The trustee — often a company — is the one that signs contracts and carries the liabilities.
- Partnership
- Partners are generally jointly liable for the partnership's debts. A written partnership agreement sets out who contributes what, how profits are shared and what happens if someone leaves.
- Director ID first
- Every director needs a director identification number before being appointed. It's free from Australian Business Registry Services, and acting without one is an offence.
General information current at October 2026, not legal advice. Laws, thresholds and fees change — get advice on your circumstances.
Questions
Sole trader, company or trust — which suits me?
It depends on your risk, income and plans. Sole trading is simple and cheap; a company limits liability and suits growth; a trust adds flexibility. We'll recommend a structure with your accountant's tax advice in mind.
What should a shareholders agreement cover?
Who makes which decisions, how deadlocks are broken, how shares are valued and transferred, what happens if an owner leaves, dies or stops contributing, and protections for minority owners.
Do we really need one if we're friends?
Especially then. It costs far less to agree the rules while everyone is getting along than to argue about them later.
Can you change our existing structure?
Often, yes — for example adding a holding company or moving the business into a new entity. Restructures can have tax and stamp duty consequences, so we coordinate with your accountant.