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New Company

DescriptionSoftcopy *
New Company$330 + ASIC fee (currently $479)
* Add $75 for hard copy

DBA offers unique services and documentation to incorporate new companies. We offer many value added features not found elsewhere.

Advantages of a DBA company

DBA’s constitution is strategically drafted for all companies, including where the company will trade in its own right, or where it acts as the trustee of an SMSF, discretionary trust or unit trust.

DBA is recognised as Australia’s leading self managed superannuation fund (‘SMSF’) law firm and has used this expertise to prepare a constitution that allows for strategic SMSF planning.

Some of our value added features include:

  • Directors have the ability to nominate a successor director to step in on the incapacity or death of a director.
  • Greater control can be exercised through using different share classes. ‘Guardian’ shares, for instance, allow a guardian to step in and exercise control in a family dispute.
  • If a company wants to act as a sole purpose SMSF trustee (or cease to act as a sole purpose SMSF trustee), there is no need to incur another cost to change the constitution as required by constitutions supplied by many other suppliers.
  • A handy ‘SMSF Guide’ assists compliance with super rules that are often overlooked. A reduced ASIC annual fee (approximately an 80% discount from the normal ASIC fee) also applies if the company acts solely as an SMSF trustee. Moreover, the constitution does not need varying if the company starts trading or acts as a trustee of a family trust. Thus, a DBA company can easily switch from one role to another role without the need for further costly documentation.
  • A Division 7A loan facility agreement is included just in case a debit loan arises and to ensure a written loan agreement is in existence. This assists in minimising the extra tax and penalties that may otherwise arise.
  • A detailed memo on the operation of a company and directors’ duties and shareholders’ rights is included. This document is similar to a PDS to assist clients understand what they need to know when they have a company.
  • The constitution has flexibility to issue various share classes other than ordinary shares. This can allow planning for differentiated voting, dividend and capital rights. These differences are summarised as follows:
Right to vote/pass resolutionsRight to dividendsRight to repayment of share price on winding-upRight to distribution of surplus assets on winding-up
SMSF 
Ordinary
Limited
Dividend Only
Guardian
Capital

 

Strategic planning advantages

There are numerous strategic planning advantages such as the ability to:

  • nominate a successor director to step in on the incapacity or death of a director;
  • have a ‘guardian’ step in and exercise control; and
  • there are considerable succession planning advantages.

Our package includes:

cover letter and completion checklist

  • corporate register
  • two copies of the constitution
  • ASIC and related forms
  • detailed company memo

All our companies are reviewed and signed-off by a lawyer.

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