Business Structuring
Advice on company, trust and partnership structures, shareholders agreements, unit holders agreements and reorganisations.
Choosing the Right Structure for Your Business
The right structure depends on who is involved, what the business does, how profits will be taken and what the exit looks like. We prepare the legal documents that hold the structure together, working alongside your accountant or tax adviser on the tax and accounting position.
Sole Traders, Partnerships, Companies and Trusts
Each structure carries different consequences for liability, control and how profits are distributed. We explain the practical differences so the choice is made with a clear understanding of what it means for the business.
Ownership, Control and Decision-Making
Who holds the equity and who makes decisions do not always need to be the same. We advise on structures that separate ownership from day to day control where that suits the people involved.
Making the Structure Work in Practice
Asset Protection and Risk
A structure can help separate trading risk from personal and family assets. What is appropriate depends on the nature of the business and the risks it actually carries, and should be considered as part of the broader structuring decision.
Shareholders and Partnership Agreements
Where there is more than one owner, a shareholders or partnership agreement addresses decision-making, funding, transfer of interests and what happens if an owner dies, becomes incapacitated or wants to leave.
Tax and Accounting Coordination
Structuring and restructuring decisions have tax and accounting consequences that sit outside the scope of legal advice. We coordinate closely with your accountant so the legal structure and the tax position are consistent with each other.
Documents That Implement the Structure
Once a structure is agreed, we prepare the constitution, trust deed, shareholders or unit holders agreement and any other documents needed to put it into effect.
How Shah & Co Lawyers can assist
We prepare the legal side of the structure while leaving the tax modelling to your accountant, where the two meet in between.
New Entity Setups
Establishing companies, trusts and partnerships.
Shareholders Agreements
Drafting agreements covering funding, decision-making and exits.
Restructures
Advice on reorganising an existing structure as the business grows.
Asset Protection Advice
Structuring to help separate trading risk from personal assets.
What we help set up and maintain
- New company, trust and partnership setups.
- Shareholders agreements and unit holders agreements.
- Restructures, including transfer of assets between related entities.
- Trustee changes and variations to trust deeds.
- Holding company and group structures for growing businesses.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other commercial law services
Business Purchases and Sales
Acting for buyers and sellers in the sale of goodwill, share sales, asset sales, due diligence, transition arrangements and restraints of trade.
Learn moreCommercial Contracts
Supply agreements, services agreements, distribution agreements, agency agreements, joint ventures and confidentiality agreements.
Learn moreContract Drafting
Drafting bespoke commercial agreements that reflect how the deal actually works and protect your position if things change.
Learn moreContract Reviews
Reviewing commercial contracts before signing, flagging risk allocation issues, unfair terms and points that should be negotiated.
Learn moreCommercial Disputes
Contractual disputes, breach of contract claims, misleading and deceptive conduct claims and Australian Consumer Law matters.
Learn moreShareholder Disputes
Oppression proceedings under section 232 of the Corporations Act, deadlocks, share buy-outs and exit arrangements.
Learn moreGet the structure right before you grow.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.