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How to register a company in Australia?

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What is ASIC?

The Australian Securities and Investments Commission (ASIC) is an Australian government agency responsible for regulating all companies, financial markets and financial services and consumer credit providers in Australia. Our role is to maintain the good reputation and healthy development of the Australian economy. Our specific responsibilities are to ensure the fairness and transparency of the Australian financial market, and to ensure that investors and consumers have confidence in this market and fully understand and support our work.

What are the advantages of registering a company in Australia?

  1. No registration capital is required. To register a company in Australia, you do not need to provide capital and can register directly;
  2. The registration procedure is simple, short and efficient;
  3. The tax authorities can provide free on-site consultation services, and the trade bureau provides a full range of free information;
  4. A large part of the expenses of setting up an office in Australia, including wages, advertising fees, office rent, air tickets, etc., can be tax deducted from income;
  5. Apply for an Australian business visa to facilitate business travel.

How to choose the company type when registering a company in Australia

You need to determine the type of company you want to register, common types include private limited liability companies (Pty Ltd), partnerships (Partnership), sole traders (Sole Trader), etc. Each type has different legal requirements and responsibilities.

There are several common types of companies to register in Australia, each with different legal requirements and responsibilities. Here are the common types of companies in Australia and their differences:

Private Limited Liability Company (Pty Ltd):

  • This is the most common type of company and the most popular choice.
  • The company's liability is limited to the capital contributions of its shareholders.
  • Shareholders are generally not personally liable unless there is a personal guarantee or a violation of a statutory provision.
  • At least one director and one shareholder are required.

 Partnership:

  • A partnership is a company formed by two or more persons carrying on business together.
  • Partners have unlimited liability for the debts and obligations of the company.
  • There is no legally required partnership agreement, but it is recommended that a written agreement be drawn up to clarify the rights and obligations of each party.

Sole Trader:

  • Sole proprietorship is a form of business carried on by one person, with no legal distinction.
  • A sole proprietor has unlimited liability for the debts and obligations of the company.
  • The personal property of a sole proprietor is not separated from the property of the company, and all income and liabilities belong to the sole proprietor.

Non-Profit Organization:

  • A nonprofit organization is an organization established for social, charitable or public benefit purposes.
  • Nonprofit organizations generally do not seek to make a profit; revenue is used primarily to further their purpose and objectives.
  • Not-for-profit organisations need to meet the conditions set out in Australian charity law.

What materials are needed when registering an Australian company?

  1. Three names of the proposed Australian company (in English), two of which are alternative names;
  2. The company's registered address in Australia, contact number, fax number and email address. If the address is rented, the name of the lessee is required to confirm that the lessee agrees to use the address as the company's registered address;
  3. Personal information of the Director (date of birth, place of birth, current address, contact information including telephone number and email address);
  4. The nature and direction of the company's proposed business in Australia;
  5. Personal information of the directors or shareholders of the Australian company (if not a sole proprietor company): date of birth, place of birth, current address, contact information including telephone number and email address;
  6. Personal information of the Secretary of the Australian company (date of birth, place of birth, current address, contact information including telephone number and email address);
  7. Detailed allocation of shares to directors or shareholders of an Australian company. The default number of shares is 100 and the share price is set at AUD 1 per share.

How long does it take to register a company in Australia?

The time it takes to register a company in Australia depends on a variety of factors, including the type of company, how long it takes to prepare the required documents, and how long it takes the government to process the application. Typically, registering a limited liability company (LLC) takes about 1-2 business days to complete. However, if your company requires special licenses or is involved in a special industry, it may take longer. In addition, if you choose to use a registered agent to help you register your company, the registration time may be faster.

Australian Company Registration and Administration Agency 

Registered Australian companies must be registered with the Australian Securities and Investments Commission (ASIC)Australian Security & Investment Commission, referred to as ASIC) to apply. After the application is successful, the registered company will automatically obtain aAustralian Company Number,ACNAfter obtaining the ACN, you must continue to apply for an Australian Business Number (ABN) from the Australian Taxation Office and apply for a GST declaration before the entire company registration process is completed.

Registering an Australian Business Number (ABN) and filing GST returns 

  1. The company's Australian Company Number (ACN);
  2. The personal tax file numbers of the company's director and secretary;
  3. Personal information of the company's registered director and secretary (date of birth, place of birth, current address, contact information including telephone number and email address);
  4. The nature and direction of the company's proposed business in Australia;
  5. The company's registered address in Australia, contact number, fax number and email address;
  6. Choose how to file your GST return: monthly, quarterly or annually.

How long does it take to register an Australian Company Number (ACN) and an Australian Business Number (ABN)?

  1. Registering Australian Company Number ACN: 28 working days (normal) or 60 minutes (expedited, additional expedited fees will be charged);
  2. Australian Business Number ABN: 30 working days

Please note that registering a company involves legal and business affairs. It is recommended that you consult a professional accountant, lawyer or business consulting agency before registering to ensure that your registration process is legal and compliant and that you obtain appropriate advice and guidance.

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