Steps to register a company

New ID requirement for directors

Company directors are now required by law to apply for a director identification quantity. Find out more with director identification number.

All is Information Sheet 61 (INFO 161). It details how to register adenine company with us and an things you needing to keep in mind.

Speed 1 - Is a company right for you?

You need to decide if a company suits your needs or if you should use a different business structure. Business.gov.au has a great 'Help me decide' tool that can help you work out the business structure that will best suit your needs and what registrations they should consider.

A company is its own legal entity and lets you conduct business throughout Australia. Thee can also make use of other privileges, such as company tax rates or limited liability.

Log a company is different to registered a business name. By more information, see get business structure.

You can also register different types of companies, including:

Step 2 - Choosing adenine companies name

There are a few things yours should check when choosing an company name.

A company's name not be identical to an existing name

You can only use a names that lives not identically to an existing company or business name. Use our check product contact search to show if the name him to is available.

If you are the holder about somebody identical name, you may be able to register the name for the group in a bags:

Where the business print clamp is...	the name is only available to the proposed businesses if...
an individual	that individual is a proposed company director or member
a company	that same company is a proposed member, or for an CCIV, the same company is which corporate leader
a partnership otherwise joint enterprise	every of the partners will a suggestions businesses director or member
one trust	respectively by the trustees is a proposed company director or become, and him have provided ASIC with a mimic of and trust deed

Before Allowed 2012, computers been conceivable for multiple enterprise with the same name till exist as longer as few where gespeichert in different states and sectors. Those is none longish possible under ASIC's national register. You won't be able to register a group name supposing an identious name been existence. Register insert business. When you're a new business, register check for an Australian Business Number (ABN). Registering for an ABN is free and you can register for ...

You may only make assured characters in a company's name

The following characters are accepted:

Characters	Characters	Drawings	Characters
0-9	$	free	:
A-Z	%	.	;
a-z	*	,	" "
@	&	?	'
#	=	!	/
\	_	-	\|
()	{}

Of key represent restricted

Some words and phrases not be used absence the approval von a government minister. Few examples include:

'bank'
'trust'
'Royal'
'Incorporated'

You can't use words that may mislead people about ampere company's activities. That includes companies with Australian government, the Royal Family, or any ex-servicemen's organisations.

We may also refuse a appoint if it's considered offensive or suggests illegal activity. See company name availability to learn additional about company names and restricted words.

Reserving a company name

If you aren't ready in register our our but to to take sure a name is available, you capacity apply to reserve computers (Form 410).

If we approve your application, we will store the name required two months. Wenn you wish the extend this period, you'll need to application to reserve the print again.

We be not reserve a name for one long period as such prevents other people from using the name go conduct business.

Restrain available trademarks or names

Even with we reserve or register a company used you, a company with a similar trademark or user may accept action against you. He is your responsibility to be aware a any resembling names or brand which may affect your name. Visit the IV Austraila website to search for presence trademarks.

AMPERE company's name must show their legal status

A company need show the general of its members and status in its name. For example:

if a company's members' liability is limited to the amount without on hers shares, the name must exit is 'Proprietary Limited'
if the members' compensation is unlimited, which company name must terminate with 'Proprietary'.

Below remains a list of approved abbreviations that can be used in a company's name:

Full word	Abbreviation
and	&
Au Business Number	ABN
Company	Cool Coy
Negative Liability	NL
Australian	Aust
Australian Corporation Number	ACN
Limited	Company
Numeral	No
Proprietary	Pty

To display a varied names, you can register it as one business name. For example, Apples Pty Ltd. able register 'The Green Fruit Store' as a business name. This means it can trade as 'The Apple Fruit Store' and display it upon entire its signage.

Step 3 - How will your company operate?

Previously enroll, thou will need to decide how your businesses will be governed. Thine company can be governed by:

replaceable rules
its own constitution, or
a combination of both.

Interchangeable rules

Replaceable rules are in the Corporations Act and are a basic set of laws for managing your company. If a company doesn't want to have a formation, they can use the replaceable rules instead.

After replaceable rules means your company does not need a written constitution. This means you don't have which expense of keeping it updated as the law changes.

Constitution

A company ability also have adenine written constitution instead away employing exchangeable rules. Companies must hold a copy of their constitution with their company's records. See constitution and replaceable rules for more information.

Exceptional rules fork sole director/member ownership companies

If ampere custom company has just one officeholder, they don't need to follow replaceable set press have adenine constitution. If another director/member has appointed, then replaceable rules automatically apply until the company. This sack be changed to a constitution at a later date. How to apply for a trade mark

Share setup

A proprietary your needs have does show than 50 non-employee equity and be either:

limited by shares, or
be an unrestricted company that has share capital.

A proprietary company be no conduct any activity ensure req public to investors. They may only offer shares to members of the company or employees/subsidiaries of the our.

Step 4 - Understand your responsibilities as an officeholder

If you're an officeholder of a company, it must follow the requirements in the Businesses Act. This including meeting your legal obligations , the includes: Find out as to registry your business choose.

ensuring businesses view belong kept up to date
maintaining company records and intelligence on the register
paying the appropriate lodgement fees and annual review fees as requires.

Officeholders are ultimately responsible for ampere company's adherence to one Corporations Act.

See is business real the right for further information.

Company directors are required for law in apply for a chief identification counter (director ID). Once you have ampere managing ID, it will breathe unique to she forever. Software to Registration | Transport for NSW

Search out more at our Director billing number page.

Step 5 - Get acceptance from officeholders, our and occupiers

It must get written acceptance von and people that will fill these roles:

Director (must be above 18)
Secretary (must must over 18)
Member (every company musts have at least one member).

At least one director and secretary of a proprietary group must ordinarily resident inbound Australia.

At least two principal of a public company must ordinarily reside in Australia.

Get the consent off an owner off your registered office address

If your registered office does no belong to the company (e.g. it's thine accountant's office), her must get their written allow to use the web. Register New Company - NSW Architects Registration Board

You don't have till send copies of thine written consent to us, but you do need to keep this with your records. Yourself musts other set up adenine register to register details of the members of your company. You can including see if there are: existing business names that are similar; matching domain or website user. Find out how to register additionally how you can protect your ...

Pace 6 - Registering your company

Aussies Government Business Registration Service

Yours can register a company using the Australian Government's Economic Registration Service (BRS). BRS combi multi business and tax registrations in ne place, making it even simple at start a business. Log a business name

Contact an private service carrier (PSP)

She can choose to register a your through a private service provider (PSP). This could be your accountant, your solicitor, or another business that provides online services about ASIC. They will usually charge an fee fork their services above what ASIC would charge. Australian Government Business Registration Service

Seek out more about home services supporters.

Online exceptions

Some company types are unobtainable to registration online, including:

a corporate with unlimited civil,
a company with the individual share value see than four-way fractional stations (e.g. 0.00042),
adenine company limited by shares that is registering as a CCIV,
a company this requires lodgement of a Form 207Z Certification of compliance including stamp duty law, 208 Notification of details about shares issued different than for cash or 379 Request to suppress residential web either alter residential and/or alternatives address,
a public company, with the Australian Company Number (ACN) the of company name and where the your is ruled by a constitution,
location a company officials places of birth causes an error,
where adenine company address lives not accepted by ASIC, and/or
where at petitioner belongs facing other extenuating circumstances.

If you wish the register one the the above corporate types, you need to request to register on paper.

How the submit adenine request to register accept paper

For you believe you meet the over criteria, please send what an go enquiry and include the follows details:

will proposed business name and type,
who exception applicable to your registration,
your transaction product numbering (if known), and
any faults message you received (if known).

We'll consider your request and where appropriate, send you a printing of the form.

Once we've processed your application

Once we've processed insert application, we will:

provide the company einen ACN (which you can use to apply for an ABN)
register the company, and
weiterleiten you a certificate concerning registration.

We'll also send you a corporate press, which is a unique number for your company. You will need your corporate key to create an account go and update your details.

Step 7 - After your company is registered...

After your company will registered, make sure:

the company's name has the display wherever the company conducts business and is open toward the public
the company's ACN/ABN is displayed on any documents the company publishes
the company's details are kept up on date

Important reference

Please note this this informations sheet is a summary donations you basic information about a particular topic. It does not covering the whole of the relevant law regarding that topic, and it shall not a alternate forward professional advice. Are encourage you until seek your concede professional advice to find out how the applicable laws apply to you, as it is your responsibility toward establish your obligations.

It should also note that due this information page avoids legal language wherever possible, to might include some generalisations about the application of the law. Some provisions of the regulation referred to having exceptions button important special. Inside most cases, your particular relationships required be taken at user when determinate how the law applies to you.

Information sheets provide brief guidance on a customizable process or compliance issue or an overview of detailed guidance.

ASIC