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Company Memorandum

Company Memorandum Template for Australia

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Key Requirements PROMPT example:

Company Memorandum

"I need a Company Memorandum for my technology startup that will be incorporated in March 2025, with provisions for multiple share classes including preferred shares for foreign investors and employee share options."

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Document background
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).
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses






























Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Professional Services

Healthcare

Mining and Resources

Construction

Agriculture

Education

Transport and Logistics

Real Estate

Telecommunications

Energy

Non-Profit Organizations

Relevant Teams

Legal

Corporate Governance

Board of Directors

Executive Leadership

Compliance

Corporate Affairs

Risk Management

Company Secretariat

Finance

Administrative

Relevant Roles

Chief Executive Officer

Company Secretary

Corporate Lawyer

Legal Counsel

Compliance Officer

Board Director

Managing Director

Corporate Governance Manager

Risk Manager

Company Director

Chief Financial Officer

Legal Administrator

Corporate Affairs Manager

Board Chairman

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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