By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
Corporate-law enquiries concern how a company is owned, governed and controlled, as well as the transactions it undertakes. Explain whether you are asking for the company, a director, a shareholder or someone investing in it. Those perspectives can lead to different instructions and potential conflicts. A company's public name alone does not explain who has authority or which interests need advice.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find corporate law providers →Assemble the governance picture
Identify the legal entity, directors, shareholders and any holding or related companies. Have the constitution, shareholder agreement, share records and relevant resolutions available. Flag gaps or differences between documents and how the business has been run. The first review may need to establish the current position before a new transaction can be documented.
Separate governance decisions from personal interests
A funding round, share transfer or director dispute can affect people differently. Explain whether anyone has given personal guarantees, made a loan to the company or has a competing business interest. Ask who the adviser will represent and which people may need separate advice. Do not assume that paying the company's legal invoice makes the advice personal to you.
Define the transaction and approvals to be checked
For a proposed change, describe the intended outcome, timing and parties involved. Ask the lawyer to identify the documents, consents and decisions that need attention. If the company is struggling to meet debts, say so early; routine governance work may not be the right first priority. ASIC's director resources provide a starting point, while the actual advice needs the company's circumstances.
Separate company decisions from owners' personal arrangements
A company may need governance advice even when its owners agree informally. Identify which decisions concern the company itself and which concern shareholders lending money, selling shares or giving guarantees. Minutes, constitutions and shareholder agreements serve different purposes and should be read together. An adviser can help map who is authorised to decide, what approvals are required and how an agreed decision is documented. For a change of ownership, also ask about the records and practical handover needed after the signing stage.
Compare the scope and cost of advice
Compare advisers against the commercial decision you need to make. Give each office the same transaction stage, documents and objective, then ask for a first-stage deliverable. A review, a negotiation and ongoing business advice are different services. Record which financial assumptions need your accountant's input and who will coordinate any specialist work before a commitment is made.
- Review and advice
- Ask for the issues identified, their practical effect and the decisions you must make. Confirm whether written advice or a marked-up document is included.
- Drafting and negotiation
- Ask who communicates with the other party, how revisions are priced and what happens if the deal changes materially during the work.
- Completion or implementation
- Confirm responsibility for approvals, signing, records and follow-up tasks. Ask which registrations, searches or external professional costs sit outside the legal fee.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
Two shareholders want to add an investor but disagree about control. The enquiry includes the existing agreement, share structure and proposed voting arrangements. The adviser can then explain the issues to resolve before drafting a subscription document.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I am [a director or shareholder] of [entity]. We need advice on [governance or ownership decision]. There is [agreement or disagreement] between the owners, and we have [documents]. Can you confirm whom you would represent and the scope of an initial review?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about corporate law
Can the company’s lawyer also advise me personally?
Clarify this expressly. The company's interests and an individual's interests may differ, particularly during a dispute or financial difficulty.
Is an ASIC record enough to understand ownership?
It is a starting point. Ask what internal records, agreements and historical changes are needed for the proposed work.
Further reading and scope
ASIC: insolvency for directors
Australia; directors and corporate financial difficulty.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.