Corporate & Commercial Law

Business Structuring —
Build on Solid Legal Ground.

The structure you choose for your business affects your tax position, personal liability, succession planning, and ability to raise capital. Getting it right from the start matters.

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What This Covers

Why business structure is a critical first decision.

Many business owners choose their structure without fully understanding the implications. A structure that seems simple today may create problems as the business grows — in terms of tax, liability, control, and the ability to bring in investors or transition to new ownership.

At LK William, we advise on business structures that align with your commercial goals, personal circumstances, and long-term plans — and we implement the chosen structure with clear documentation that protects all parties from the outset.

How we can help

Advice on company, trust, partnership, and sole trader structures

Asset protection and liability limitation strategies

Tax-effective structure advice (in conjunction with your accountant)

Establishment of companies, trusts, and joint venture arrangements

Shareholders and unitholders agreement preparation

Restructuring advice for existing businesses

The Process

How we approach business structuring.

A structured process from goals to implementation.

01

Understanding Your Goals

We begin by understanding your business objectives, risk profile, and personal circumstances — before recommending any structure.

02

Structure Recommendation

We recommend the most appropriate structure — or combination of structures — for your specific situation, explaining the advantages and trade-offs of each option.

03

Implementation

We establish the chosen structure — registering companies, establishing trusts, and preparing all foundational documents.

04

Documentation

We prepare shareholders agreements, trust deeds, and any other documents needed to give effect to the agreed structure and protect all parties.

Key Considerations

Key structuring considerations for Queensland businesses.

Liability Protection

A well-chosen structure separates your personal assets from your business liabilities — protecting your home, savings, and personal wealth in the event the business faces claims or insolvency.

Tax Efficiency

Different structures have very different tax implications — for ongoing income, capital gains on business sale, and distributions to family members. We work alongside your accountant to ensure the structure is tax-efficient as well as legally sound.

Future Flexibility

Your structure should be able to grow and adapt with your business — accommodating new investors, enabling succession, and allowing for eventual sale or wind-down. We design structures with your long-term future in mind.

Common Questions

Answers before you even ask

It depends on your goals. A company provides limited liability and is familiar to investors and financiers, but has less flexibility for income distribution. A discretionary trust offers greater flexibility for income splitting and asset protection, but is less suitable for businesses seeking external investment. Many businesses use a combination of both. We advise on the right approach for your specific situation.

Yes, but restructuring an existing business can be complex and may have tax and stamp duty implications. Early advice on the right structure is far more cost-effective than restructuring later. If a restructure is necessary, we manage the process to minimise disruption and cost.

Yes — in fact, a two-person company is where shareholders agreement disputes are most common and most costly. A well-drafted shareholders agreement addresses what happens when the founders disagree, when one wants to exit, when new capital is needed, and when one founder passes away or becomes incapacitated. We prepare shareholders agreements that prevent disputes before they start.

Ready to Begin?

Let's make sure you
know exactly what
you're getting into.

Book a confidential consultation with our team. No pressure, no legal jargon — just a clear conversation about your matter and how we can help.

(07) 3523 3311 info@lkwilliam.com.au
Suite 2GC, Level 2, 199 George Street, Brisbane City QLD 4000