Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Launching a new business in Australia is exciting - and it usually requires more capital than you think. From fit-outs and equipment to stock, marketing and early hires, getting the right finance in place can set you up for a smooth launch and sustainable growth.
With so many financing options available, it can be hard to know where to start. The good news is there are clear steps you can take to plan, compare options and protect yourself legally along the way.
In this guide, we’ll break down the main ways to finance a new business in Australia, how to prepare for funding, and the contracts and compliance you’ll need to keep everything on track.
What Does Business Financing Mean?
Business financing simply means securing the funds to start, operate and grow your venture. For a new business, this typically includes setup costs (registration, legal and accounting), assets (equipment, vehicles, software), working capital (inventory and payroll), and growth investment (marketing and new hires).
Financing can be debt (you borrow and repay with interest), equity (you sell a stake in the business), or non-dilutive support like grants and incentives. Each option carries different risks and obligations, so it’s important to choose the structure that best fits your goals, timeline and risk tolerance.
How To Plan Your Funding Strategy
A strong plan makes it easier to secure funding and helps you avoid costly missteps. Before you approach a lender or investor, work through the basics below.
- Map your costs and runway: List your setup costs, monthly expenses, and how long your funds need to last before the business becomes self-sustaining.
- Forecast realistic revenue: Outline your pricing, sales pipeline and break-even point. Keep assumptions conservative - lenders and investors prefer realism over optimism.
- Choose a structure that fits: Decide between sole trader, partnership or company. A company is a separate legal entity (which can help limit personal liability) and makes it easier to share ownership later. If you’re leaning toward a company, consider your company set up early so you can open accounts and sign contracts in the right name.
- Be ready to offer security: Many lenders require collateral (property, equipment or a general security interest over business assets). It’s common to register these interests on the Personal Property Securities Register (PPSR), and to ask suppliers or lenders to register a security interest properly.
- Expect personal guarantees: Even if your business is a company, lenders often ask directors to provide a personal guarantee. Understand what you’re agreeing to and how it affects your risk.
- Get your documents in order: Up-to-date financials, a clear business plan and well-drafted terms with customers and suppliers show that you run a tight ship.
Good planning is also about protection. Sorting key legal documents and governance - such as a Shareholders Agreement if you have co-founders - will build confidence with funders and reduce the chance of disputes later.
There’s no one-size-fits-all solution. Most founders combine a few of the options below, especially in the early stages.
1) Personal Savings And Bootstrapping
Using your own funds (and reinvesting profits) keeps you in control and avoids debt or dilution. The trade-off is slower growth and personal exposure to losses, particularly if you’re a sole trader. If friends or family invest, put the terms in writing to protect relationships.
2) Bank Loans, Overdrafts And Asset Finance
Banks and non-bank lenders offer term loans for fit-outs or equipment, overdrafts for working capital, and equipment finance for vehicles and machinery.
- Expect to provide a business plan, cash flow forecasts and security. Many lenders will also require a director’s guarantee.
- Security is often taken via a General Security Agreement and registered on the PPSR - make sure you understand the scope of what’s being secured. It’s wise to review how the PPSR works before you sign; this primer on PPSR is a helpful starting point.
- Compare interest rates, fees, covenants and early repayment terms. The cheapest rate isn’t always the best if the covenants are restrictive.
Note: The National Credit Code generally covers consumer lending. Business lending is usually outside the Code, so you can’t assume the same consumer protections apply - which makes careful contract review even more important.
3) Government Grants And Incentives
Federal and state programs support innovation, exporting, research and regional growth. Grants are competitive and often require detailed applications and clear outcomes. While grants don’t need to be repaid, you’ll need to meet eligibility criteria and reporting obligations, so build that workload into your timeline. Speak with your accountant about tax implications of grants and rebates.
4) Angel Investors And Venture Capital
Equity investment can accelerate growth and bring experienced advisors to your table. In exchange, investors receive shares and certain rights, which means you’ll share decision-making and future profits.
- Use a Share Subscription Agreement to document the investment terms (price, rights and obligations).
- Put a Shareholders Agreement in place to set out decision‑making, founder vesting, exits and dispute mechanisms.
- Consider whether you’ll reserve an employee equity pool via options or RSUs as part of your growth plan.
5) Crowdfunding
Reward-based crowdfunding can validate demand and fund production through pre-sales. Equity crowdfunding (crowd-sourced funding for shares) is regulated under the Corporations Act and requires a licensed intermediary; some issuers also need to make a CSF notification and meet eligibility rules. Crowdfunding is public by nature, so make sure your timelines and fulfilment plans are realistic.
6) Supplier Terms, Trade Credit And Presales
Negotiating longer supplier terms or deposits from customers can ease cash flow. If you offer credit to customers, have clear Business Terms & Conditions and consider registering your interest on the PPSR where appropriate.
7) Buying A Business Or Franchise
Acquisition finance supports buying an existing business (asset or share purchase) or a franchise. Lenders will want solid financials, a transition plan and strong contracts. You’ll also need rigorous legal due diligence and carefully drafted sale documents - more on that in the compliance section below.
How To Borrow Money And Manage Risk
Whether you’re seeking debt, equity or a mix, funders want to see that you’re prepared and that risks are managed from day one.
Practical Steps To Get Finance
- Build a clear business plan: Cover your market, pricing, team, milestones and financial forecasts for at least 12–24 months.
- Register the basics: Set up your ABN and register a business name or company so you can open accounts and sign agreements in the correct entity. If you’re forming a company, consider your constitution and governance as you proceed.
- Get your house in order: Have up-to-date cash flow, P&L and balance sheet (even if you’re pre‑revenue, show your ramp-up plan and unit economics).
- Compare terms, not just rates: Look at security, covenants, drawdown flexibility and early repayment rules. Ask questions until you’re confident.
- Plan security and guarantees: Understand the implications of a director’s guarantee, what assets are secured, and any PPSR registrations over your property.
- Review agreements before signing: Have funding and investment documents reviewed by a commercial lawyer so you know exactly what you’re committing to.
Finance Management Tips For Startups And SMEs
- Separate finances: Use dedicated business accounts from day one.
- Track cash tightly: Weekly cash flow visibility helps you avoid surprises and spot issues early.
- Get the right contracts in place: Clear customer Business Terms and supplier agreements reduce disputes and improve collections.
- Understand your tax obligations: Work with your accountant to manage BAS, GST and PAYG on time. Specific tax advice should come from a registered tax or financial adviser.
- Align funding with milestones: Draw funds in tranches where possible and link each tranche to measurable progress.
Legal Documents, Compliance And Next Steps
Strong governance and the right legal documents can help you secure funding faster and operate with confidence. Here are the essentials many new businesses consider.
Core Contracts And Policies
- Loan Agreement: If you borrow from a bank, private lender or family/friends, a written Loan Agreement should set out interest, repayments, security and default rules.
- Share Subscription Agreement: For equity funding, a Share Subscription Agreement documents the investment amount, share price and investor rights.
- Shareholders Agreement: If you have co-founders or investors, a Shareholders Agreement covers ownership, decision‑making, founder departures and exits.
- Business Terms & Conditions: Your Business Terms set payment terms, deliverables, warranties and liability limits with customers.
- Privacy Policy: A Privacy Policy explains how you handle personal information. Under the Privacy Act, many small businesses under $3 million annual turnover are not legally required to have one unless they fall into specific categories (for example, health service providers or those trading in personal information). However, it’s still best practice and often contractually required by platforms and partners.
- Employment Contract: If you hire, use a clear Employment Contract and relevant policies to meet Fair Work obligations and define roles and expectations.
Security Interests And Guarantees
If you’re granting or receiving security, ensure it’s documented correctly and registered on the PPSR. When you provide a personal guarantee, understand the circumstances that could trigger it and whether your guarantee can be limited. Likewise, if you supply goods on credit, consider retention of title clauses and PPSR registration to protect your position.
Key Compliance Considerations
- Corporations Law: If you operate a company, directors must act in the company’s best interests and maintain proper records. Issuing shares must comply with company law and your constitution or shareholders agreement.
- Australian Consumer Law (ACL): If you sell goods or services, ensure your advertising, refunds and warranties comply with the ACL. This protects customers and reduces dispute risk.
- Employment Law: Hiring staff triggers obligations around minimum pay, safety, leave and entitlements. Put compliant contracts and policies in place from the start.
- Privacy And Marketing: Even if you’re not an APP entity under the Privacy Act, customers still expect transparency about data handling, and other laws (like spam rules) may apply to your marketing.
- Tax And Reporting: Budget for BAS, GST and PAYG. Ask your accountant how grants, loans and equity may impact tax and reporting.
Buying A Business Or Franchise?
If you’re financing an acquisition, due diligence is critical. Review financial statements, key contracts (leases, supplier agreements, customer contracts), employment liabilities, IP ownership, PPSR registrations and any disputes or compliance issues. Ensure the sale is documented with a comprehensive business sale agreement, and if franchising, have all franchise documents reviewed before committing. Lenders will look closely at these items too - thorough diligence can improve your funding outcome.
When To Get Legal Help
Consider getting legal advice:
- before signing loan, security or guarantee documents,
- when issuing shares or bringing on investors,
- to implement your core contracts and policies properly, and
- for due diligence and sale documents if you’re buying a business.
A little help upfront can prevent disputes, preserve negotiating power and streamline approvals with lenders and investors.
Key Takeaways
- New businesses in Australia commonly use a mix of personal funds, bank finance, grants, crowdfunding and equity investment - choose the blend that suits your goals and risk tolerance.
- Plan first: build a realistic budget and forecast, select the right structure, and be ready with a clear business plan and clean financials.
- Expect security and guarantees on most loans; understand PPSR registrations, director guarantees and lender covenants before you sign.
- Protect your position with core documents like a Loan Agreement, Shareholders Agreement, Share Subscription Agreement, Business Terms and (where applicable) a Privacy Policy and Employment Contracts.
- The National Credit Code generally applies to consumer credit, not business lending - which makes careful contract review even more important.
- Stay compliant with company, consumer, privacy, employment and tax rules from day one; speak to a tax professional for tax-specific advice.
If you would like a consultation on financing your new business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








