The Corporations Act 2001 (Cth) (Act) requires a company to have a constitution. The following document is a basic document constitution for a no liability mining company.

A constitution is not a stand-alone code that governs the powers, duties, rights and obligations of the company, its directors and officers and shareholders. Regard must always be had to the Act and the common law when considering any issue relating to a company.

Tailoring the company constitution

This document constitution does not restrict or prohibit the company’s exercise of any of its powers. If such restrictions are required, a suitable amendment will need to be inserted.

This document company constitution is complex and deals with complex issues. It must be carefully reviewed by a legal practitioner before use.

Related precedents

For other company constitutions, see:

·            “Company constitution – general”;

·            “Company constitution – public company limited by guarantee”;

·            “Company constitution – Aboriginal and Torres Strait Islander corporation”;

·            “Company constitution – public company limited by shares”;

·            “Company constitution – unlimited private company”; and