Choosing the right business structure is the foundation of sustainable growth. At G.O.A.T Legal, we guide you through the intricacies of forming companies, trusts, and other entities that protect your interests, optimise tax positions, and streamline operations.
We work closely with you to ensure your chosen structure supports asset protection, regulatory compliance, and future scalability.
G.O.A.T Legal can assist you and promote your goals through:
Appropriate Entity Selection
We will Identify the structure that best suits your goals, whether a proprietary company, discretionary trust, unit trust, or hybrid arrangement.
Compliance & Governance
We ensure your business meets all ASIC registration requirements, manages director responsibilities, and upholds corporate governance standards.
Tax Efficiency
Benefit from a structure that aligns with Australian taxation laws to maximise your financial outcomes.
Future Proofing
Position your entity to accommodate growth, investment, or succession planning.
Companies and trusts are foundational business structures that influence how your enterprise operates, manages risk, and achieves growth.
Establishing these entities correctly under the umbrella of Australian law at the Local, State and Federal level can seem complex, but with the right guidance, you can set the stage for long-term success.
Choosing the right structure helps you optimise tax positions, meet regulatory obligations, and protect your personal and business assets.
A properly set-up company or trust also offers clarity for stakeholders and supports strategic decision-making as your business evolves.
A company comes into existence upon registration under the Corporations Act 2001.
Once registered, it becomes a separate legal entity, capable of holding assets, entering contracts, and incurring liabilities in its own name.
If you act as a company director, you must understand and comply with all directorial duties to avoid personal liability.
Australian companies broadly fall into two categories: proprietary (private) companies and public companies.
Proprietary companies suit smaller businesses not listed on the Australian Securities Exchange (ASX) and have fewer reporting requirements.
Public companies, whether listed or unlisted, generally face more stringent obligations to protect public investors.
Proprietary companies are popular due to their simpler reporting standards and limited shareholder numbers (no more than 50 non-employee shareholders).
They can be categorised as either “small” or “large,” with larger entities facing additional reporting obligations to ASIC.
This structure is often ideal for closely held ventures aiming for manageable compliance workloads.
Public companies typically have broader shareholder bases and face greater scrutiny, additional reporting obligations, and stricter governance standards.
While they can raise capital from the public, they must also adhere to enhanced compliance measures to safeguard investor interests.
Careful legal advice ensures that any decision to become a public company is balanced against these added responsibilities.
A trust separates legal ownership (held by the trustee) from beneficial ownership (held by the beneficiaries).
Trusts can be complex yet highly effective for asset protection, tax planning, and long-term wealth management.
Your trustee is legally bound to act in the best interests of the beneficiaries and to manage the trust’s assets responsibly.
Trusts are often established intentionally through a trust deed—an essential legal document outlining the terms, conditions, and roles of all parties.
They can also arise by operation of law or be created by statute, but most commercial trusts are formed through express documentation.
Choosing the right type of trust (discretionary, unit, hybrid) depends on your goals, asset mix, and compliance considerations.
Trusts may hold assets on behalf of minors or beneficiaries unable to manage property directly.
They can protect wealth from claims, ensure intergenerational asset transfer, and create tax-effective investment strategies.
In all cases, a well-drafted trust deed and ongoing legal oversight are critical.
Navigating the complexities of Australian company and trust law is challenging without professional insight.
At G.O.A.T Legal, our experienced team can help you select, establish, and maintain the optimal structure for your unique business and personal circumstances.
If you’re considering forming a company or trust, or need assistance reviewing existing structures, contact G.O.A.T Legal today.
Our team provides tailored, step-by-step guidance to help you confidently establish and manage your chosen entity for long-term, sustainable success.
We present a range of benefits, including:
Holistic Approach: We consider all factors—regulatory, financial, operational—to recommend the best structure for your business.
Personalised Advice: Our legal experts tailor strategies to your unique circumstances, ensuring peace of mind.
Ready to establish the Greatest legal foundations for your Company, Trusts and Beneficiaries?
Begin your G.O.A.T Legal Experience with a Free Consultation today by completing the form on this page.