Corporate Law

Corporate law (also "company" or "corporations" law) is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law (or law of business associations).

The four defining characteristics of the modern corporation are:

  • Separate legal personality of the corporation (access to tort and contract law in a manner similar to a person)
  • Limited liability of the shareholders (a shareholder's personal liability is limited to the value of their shares in the corporation)
  • Shares (if the corporation is a public company, the shares are traded on a stock exchange, such as the London Stock Exchange, New York Stock Exchange, Euronext in Paris or BM&F Bovespa in Sao Paulo)
  • Delegated management; the board of directors delegates day-to-day management of the company to executives

Corporations Law is a significant component of the legislative system and governs a wide range of issues, from the formation and operation of a company through to the fiduciary obligations of its directors.

Given the penalties that can be imposed for breaches of the Corporations Act, sound legal and commercial advice is essential for all businesses. At Lex Fori Lawyers we have a team of expert business lawyers who can ensure your business is fully compliant with the relevant legislation and act on your behalf in the event of a dispute. We work with you to identity potential issues and to minimise the risk to your business, your shareholders and your directors.

All of our lawyers have substantial experience working with a range of companies, from small to medium enterprises through to subsidiaries of multi-nationals, and the business acumen required to identify strategies that balance legal requirements with stakeholder expectations.

We can help you with:

• Set-up of new companies

• Compliance with Corporations Law and Constitution

• Compliance training

• Issuing and cancelling of shares

• Shareholder Agreements

• Shareholder disputes

• Minority Shareholder claims

• Change of company name

• Review and update of old Constitution

• Subsidiary director’s issues

• Asset protection for directors

• Company charges