Constitutional corporation
A constitutional corporation is a 'financial or trading' corporation formed within the limits of the Commonwealth, or a foreign corporation. A company is usually a constitutional corporation if it has 'Pty Ltd' or 'Ltd' in its name. Classification issues often arise, particularly in Western Australia, for example if an employer is a not-for-profit organisation, a sporting club, or formed under State legislation (ie the High Court has found that local councils are not constitutional corporations).
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This definition is general information, not legal advice. For advice on your situation, ask Lawlux or talk to a Lawlux lawyer.
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