Filing a Constitutional Alteration

Key Points

ACRA provides routes under sections 26(2), 29(4) and 33 of the Companies Act. Obtain the necessary resolution, consent or court order before filing where applicable. Prepare the amended constitution and relevant supporting documents; specified uploads have a 5 MB limit. Filing is free. Most cases are immediate, but alterations requiring ministerial consent are normally reviewed within 30 working days.

Choose the Applicable Constitutional Alteration Route

Start with the nature of the change, rather than selecting the first available Bizfile option. ACRA separates an alteration under section 26(2), an application for the Minister’s consent under section 29(4), and an alteration of objects under section 33. The required approval, resolution or court order must be obtained where applicable. As practical preparation, identify the affected clauses and keep the approved wording together with the amended constitution.

For a section 29(4) application, the supporting information must identify the clauses and proposed changes, explain the reasons, and include necessary third-party approvals where relevant. That route asks whether the company is registered as a charity and whether an earlier section 29 approval remains in force. These questions should not be treated as a rule that every constitutional change needs ministerial consent.

Prepare the constitution PDF and the applicable resolution, court order or other document affecting it; the specified uploads have a 5 MB limit. Holding-company representative minutes are required only when filing those minutes. For an objects alteration, supply the meeting and resolution details and any court-application details requested. The usual immediate processing does not apply universally: ministerial-consent applications typically take 30 working days, and ACRA may notify the filer that more time is needed.