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ARTICLE · 04 FEBRUARY 2026

Company Constitutions & Shareholders Agreements: When and why?

Company constitutions & shareholders' agreements serve different but complementary roles in governing Australian companies.

AustraliaCorporate/Commercial Law

A well-drafted company constitution and shareholders' agreement are indispensable tools for any company. They not only ensure compliance with legal requirements but also provide the flexibility needed to address the specific needs of shareholders. Many business owners are familiar with shareholders agreements and company constitutions, but do you know when and how each should be used?

Article Summary

Company constitutions and shareholders' agreements serve different but complementary roles in governing Australian companies. While constitutions set the statutory framework for internal management, shareholders' agreements provide tailored protections and commercial rules that help prevent disputes and protect shareholder interests.

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