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A Formation Document legally brings your business to life in Australia. It's the official paperwork you submit to ASIC (Australian Securities and Investments Commission) when starting a company, clearly outlining your business structure, ownership, and basic rules for operation.

For companies, this includes the Constitution and Application for Registration. For trusts, it's the Trust Deed, while partnerships use a Partnership Agreement. These documents spell out essential details like director names, share structures, business activities, and registered office location - creating the legal foundation your business needs to operate properly under Australian law.

You need a Formation Document when starting any new business entity in Australia. This is essential right at the beginning - before you can open bank accounts, sign contracts, or start trading. Most commonly, you'll prepare these documents when registering a company with ASIC, setting up a family trust, or forming a partnership.

The timing is critical: Formation Documents must be completed and lodged before your business can legally operate. Many entrepreneurs prepare these while developing their business plan, often working with their accountant or lawyer to ensure the structure matches their business goals and tax planning needs.

• Joint Venture Partnership Agreement: Formalizes the collaboration between two or more businesses, detailing profit sharing, management responsibilities, and exit strategies. Additional Formation Document types include Company Constitutions (used when registering with ASIC), Trust Deeds (for establishing trusts), standard Partnership Agreements (for general business partnerships), and Sole Trader Registrations (for individual business operators).

• Business Founders: Create and sign Formation Documents when establishing their company, trust, or partnership in Australia. They define ownership stakes and management roles.
• Company Directors: Review and execute these documents, taking on legal responsibilities outlined within them.
• Legal Professionals: Draft and review the documents to ensure compliance with Australian law and protect client interests.
• ASIC Officials: Process and maintain records of Formation Documents for registered companies.
• Accountants: Advise on structure and tax implications before documents are finalized.

• Business Details: Gather full legal names, ABNs, and addresses of all parties involved.
• Structure Planning: Decide on your business structure (company, trust, partnership) and ownership split.
• Key Terms: List core business activities, management roles, and decision-making processes.
• Financial Setup: Document initial capital contributions, profit-sharing arrangements, and banking details.
• Document Generation: Use our platform to create a legally-sound Formation Document that includes all required elements for your chosen structure.
• Internal Review: Check all details carefully before lodging with ASIC or other relevant authorities.

• Business Identity: Full legal name, ACN/ABN, registered office address, and business type declaration.
• Ownership Structure: Clear breakdown of shareholding or partnership interests with voting rights.
• Governance Rules: Decision-making processes, director appointments, and meeting procedures.
• Financial Provisions: Capital contributions, profit distribution, and financial reporting requirements.
• Operational Rules: Business scope, management responsibilities, and dispute resolution procedures.
• Execution Block: Designated spaces for dated signatures, witness details, and company seal (if required).

Formation Documents differ significantly from Articles of Association, though they're often confused. While Formation Documents establish the initial legal existence of your business entity with ASIC, Articles of Association specifically govern how your company operates after formation.

• Timing and Purpose: Formation Documents are required at business creation, while Articles can be adopted or modified later.
• Scope: Formation Documents cover basic structure and ownership, while Articles detail internal management rules, shareholder rights, and company procedures.
• Legal Requirements: Formation Documents must be lodged with ASIC to start operating, but Articles can use replaceable rules from the Corporations Act instead of a custom document.
• Flexibility: Formation Documents are relatively fixed once submitted, while Articles can be amended through special resolutions as your business evolves.