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Company Registration in Australia

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An overview of Company Registration in Australia

If you are seeking the ideal location to establish and develop your business, consider registering a company in Australia. With a population of approximately 2.6 million people, Australia boasts a highly skilled workforce. Australia is a member of the Regional Comprehensive Economic Partnership (RCEP), the largest free trade agreement globally. Australia ranks 14th on the Ease of Doing Business Index, making it an attractive location for business growth. This article will detail the process of company registration in Australia, eligibility requirements, benefits, and taxation structure.

Before beginning the process of registering a company in Australia or venturing into the Australian market, investors need to consider several crucial factors. The owner must decide between forming a new company, bringing in a foreign company, or purchasing an established one. Various business structures are accessible, each with its own set of regulations.

Australia Company Registration

An overview of Company Registration in Australia If you are seeking the ideal location to establish and develop your business, consider registering a company in Australia.

Types of Company in Australia

Proprietorship Company :The structure closely resembling a Limited Liability Company is the Proprietary Limited company ("Pty Ltd"). It is highly favoured in Australia and ideal for foreign investors. A minimum of one resident director is required for incorporation, unless a nominee director is appointed. Pty. Ltd companies are open to full foreign ownership with a minimum share capital of $1. We can help establish your Pty. Ltd company in Australia.

Australian Public Company:Public companies in Australia are typically established by entrepreneurs seeking investment from a larger pool of investors, as opposed to Pty Ltd companies. The management of these companies is typically separate from the owners. Similar to Proprietary Limited Companies, they require a minimum of 3 directors (at least two of whom must be Australian residents), along with a Company Secretary and Public Officer for tax purposes.

Australian Branch Office:Foreign companies can register their Australian branch through ASIC and The Australian Taxation Office, allowing them to establish a presence in the country and consolidate earnings from their home nation. An agent in the local area must be designated to receive notifications on behalf of the business, and an address within Australia must be created. Branch offices are taxed on their Australian earnings and are required to submit financial reports to ASIC annually.

Partnership Firm:Partnerships in Australia are commonly used to offer accounting and legal services. General partners in a partnership may be jointly liable for its activities or only responsible for their own contributions. At least one partner must be an Australian resident to establish a partnership. Although a partnership is not required to pay taxes on profits, each partner must declare their share of profits and pay personal taxes.

Australian Representative Office:The Australian Representative Office allows only non-commercial and limited activities, making it a preferred choice for companies wanting to expand internationally or conduct market research. Setting up a Representative Office in Australia is straightforward, but it is more cost-effective to establish a Branch or another business form to save time and resources.

Trust :Trust is a popular business structure among small Australian businesses. Discretionary trusts are typically preferred by family-owned businesses, while unit trusts are favored by larger companies with multiple family members involved. Trusts, which are not legal entities, do not pay taxes as long as all earnings are distributed to beneficiaries, who are then responsible for their own tax obligations. Trusts are established through deeds and do not require registration with authorities.

Types of Company in Australia

why to establish a business in australia?

why to establish a business in australia?

1 : Establishing a business in Australia offers owners limited liability protection, ensuring their personal assets are distinct from the company's. The Australian government is supportive of business growth, providing tax incentives and grants.

2 : Australia has a low corporate tax rate and offers tax benefits for small businesses. Companies in Australia have access to various funding options, including venture capital, angel investors, and government grants.

3 : With strong trade connections to Asia, Europe, and North America, Australia is an appealing choice for businesses seeking international expansion. The country boasts a well-educated workforce, particularly in technology and professional services, with a high standard of living that can attract and retain top talent.

4 : A firm provides shareholders with limited liability, making them responsible for the company's debts only up to their investment value. In Australia, companies can benefit from tax concessions and a lower corporate tax rate. Registering a company can boost credibility, attracting customers, suppliers, and investors.

5 : Different business models and ownership structures can be accommodated within companies, offering flexibility. Equity and debt financing are available to registered companies for growth, while shares can be easily bought and sold, facilitating efficient ownership transfers.

Document Required

  • ulArrow Completed Application Form (Form 201)
  • ulArrow Name Reservation
  • ulArrow Company Constitution or Replaceable Rules
  • ulArrow Submission of Form 410 for name reservation
  • ulArrow Australian Company Number (ACN)
  • ulArrow Details of shareholders and directors
  • ulArrow Information regarding the Registered Office Address
  • ulArrow Valid identification documents for incorporators, directors, and officers
  • ulArrow Evidence of the registered office address, such as a lease agreement or land title certificate
Document Required ulArrow Completed Application Form (Form 201) ulArrow Name Reservation

Process of Registering Your Company in Australia

You may follow the given step by step instructions for Company Registration in Oman:

Step 1: Type of Company

Decide if a company meets your needs or if you should consider a different business structure. offers a helpful 'Help me decide' tool to determine the best business structure for you and the necessary registrations. A company is a separate legal entity allowing you to operate nationwide with benefits like corporate tax rates and limited liability. Registering a company is distinct from registering a business name. Explore your business structure for more details. Different types of companies can be registered, such as not-for-profit organizations, registrable Australian bodies, special purpose companies, or corporate collective investment vehicles (CCIV).

Step 2: Company Name

When selecting a company name, certain factors must be taken into consideration. The chosen name must not be the same as an existing one. Use our name availability search tool to check if the desired name is available. Before May 2012, it was possible for businesses with the same name to coexist if they were in different locations. This is no longer allowed under ASIC's national register. Approval from a government minister is required to use certain words like 'bank', 'trust', 'Royal', or 'Incorporated'.

Misleading words related to government associations or organizations should not be used. If a name is deemed offensive or implies illegal activity, it may be rejected. Explore company name availability and restricted terms for more information. To check availability without committing, you can request to reserve a name with Form 410. If approved, the name will be held for two months, with the option to extend by reapplying. Limited timeframes are imposed to avoid hindering others from using the name for business. Note that similar trademarks or names could lead to legal action, so it's vital to consider potential conflicts. Visit the IP Australia website for further details.

Step 3: Company Operations

Before registering, you must decide on how your company will be governed? You can choose replaceable rules, your own constitution, or a mix of both. Replaceable rules are basic rules in the Corporations Act for managing your company. If a company opts out of having a constitution, they can use replaceable rules instead. This eliminates the need for a written constitution and the cost of updating it with law changes. Companies can also choose to have a written constitution and must keep a copy with their records. A proprietary company with only one officeholder is exempt from replaceable rules and constitutions, but once another director/member is appointed, replaceable rules come into effect. A proprietary company must have no more than 50 non-employee shareholders and must be limited by shares or an unlimited company with share capital. They cannot engage in activities requiring disclosure to investors and may only offer shares to company members, employees, or subsidiaries.

Step 4: Shall know about Your Obligations & Duties

If you hold a position in a company, you must comply with the regulations outlined in the Corporations Act. This involves fulfilling legal duties by ensuring company information is current, managing records, paying necessary fees, and overseeing the company's compliance with the Act. Directors are accountable for ensuring the company follows the regulations. Check with your company and the law for further details. By law, directors must obtain a director identification number (director ID), which is unique to them permanently. Visit our Director identification number page for additional information.

Step 5: Consent from Company’s Members

Prior to appointment, written consent from individuals filling roles like Director and Secretary (both over 18) is required, with every company needing at least one Member. For proprietary companies, at least one Director and Secretary must normally live in Australia, while for public companies, two Directors must reside in Australia. If the registered office is not the company's own, written permission from the owner is essential. Keeping written consents on record and establishing a member register are mandatory requirements.

Step 6: Make Registration of the Company

The Australian Government's Business Registration Service (BRS) allows for company registration, conveniently combining various business and tax registrations. Opting for a private service provider (PSP) like an accountant or solicitor can offer online registration services with additional fees. Learn more about PSPs. To register certain company types online, specific exceptions apply, such as companies with unlimited liability or individual share values exceeding four decimal places. If your company falls under any of these exceptions, you must request registration via paper and submit relevant details for consideration.

Step 7: Post Registration

Once your company is officially registered, ensure that the company's name is visible at all business locations, the ACN/ABN is included on all published documents, and the company's information remains current.

Facts to Know

Facts to Know , Registering for GST is crucial for companies with an annual turnover exceeding AUD$75,000, requiring an Australian Business Number (ABN).

1 : Registering for GST is crucial for companies with an annual turnover exceeding AUD$75,000, requiring an Australian Business Number (ABN).

2 : The application can be submitted online through the ABN Business Entry Point, with an ABN issued upon successful submission.

3 : The ATO will confirm receipt within 28 days. Failure to obtain an ABN result in GST being applicable to all sales, with penalties for overdue payments.

4 : Companies earning less than AUD$2 million annually face a 27.5% Corporate Tax rate. This information serves as a basic overview and does not replace professional advice.

5 : It may contain generalizations, so seeking individualized advice is recommended for compliance with applicable laws.

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What’s Australian Company Number (ACN)?

When a company in Australia is registered, they are given a distinctive nine-digit number known as the Australian Company Number (ACN), which must be included on all official company paperwork.

What’s the role of ASIC?

ASIC oversees Australian businesses, financial markets, financial service providers (such as banks, insurers, and superannuation funds), and investment, superannuation, insurance, deposit, and credit professionals.

Can a Foreigner register a company in Australia?

A person who is not a resident of Australia can establish a business in the country, but they must have at least one Australian resident as a director for any company, and for a public company, two out of a minimum of three directors must be Australian residents.

Can I get PR by Opening a business in Australia?

Business Visas in Australia such as the Business Innovation and Investment Visa are available for individuals planning to start a new business, manage an existing one, or invest in the country, with the possibility of obtaining permanent residency.

How much money is required to set-up a business in Australia?

This temporary visa necessitates a minimum investment of AUD2.5 million in Australian assets that fulfill specific criteria and continued business or investment ventures in Australia for a maximum of 5 years. To get an idea of how long it takes to process this visa, utilize the visa processing time guide tool.