FAQ

How much do our services cost? (Back to Top )
Company incorporations $530 (GST inclusive)
Business names $260 (GST inclusive)
Domain names $88 (GST inclusive)

How do I choose a company name? (Back to Top )
If a name has not already been registered and contains no restricted words then that name may be used for your company. A business name may also be used as your company name if the owners of the business name are also the shareholder/s of the company.

Use this form to check that your name is available

If it is important for you to use your company or business name as your domain name we recommend that you also search for the availability of that domain name before selecting your company or business name.

Perform a Domain Name Search

What is a name reservation? (Back to Top )
If you know the name of the company you wish to register but you are not ready to incorporate, you can reserve the name with ASIC for 2 months at a time. This period can be extended prior to expiration.

What is an ACN? (Back to Top )
When a company is registered ASIC allocates a 9 digit number called the Australian Company Number (ACN).

Can my company use its ACN as the name? (Back to Top )
Yes. It is not necessary to nominate a name for your company you can simply use the ACN.

Can I change the name of my company? (Back to Top )
If you have already incorporated your company you are still able to change the name of your company as long as the proposed name is available. A change of name does not change the ACN of your company.

How many directors are required to form a company? (Back to Top )
For a proprietary company , a minimum of one. There is no maximum number. At least one of the directors must ordinarily reside in Australia.

For a public company , a minimum of three. There is no maximum number. At least two of the directors must ordinarily reside in Australia.

How many shareholders are required to form a company? (Back to Top )
For a proprietary company , a minimum of one and a maximum of fifty. Shareholders can be either individuals or other companies.

For a public company , a minimum of one. There is no maximum number. Shareholders can be either individuals or other companies.

Can another director be appointed at a later date? (Back to Top )
Additional directors may be appointed at any time. A Form 484 must be lodged with ASIC within 28 days of appointment.

Do I have to have a company secretary? (Back to Top )
If the company is a proprietary company - There is no requirement that a company secretary be appointed. However if one or more company secretaries are appointed at least one of them must ordinarily reside in Australia.

If the company is a public company - At least one company secretary must be appointed and at least one of them must ordinarily reside in Australia.

A company secretary is an officer of the company and has specific duties under the Corporations Act such as ensuring that the company:

  • notifies ASIC of changes to details of officeholders
  • notifies ASIC of changes to details of shareholders
  • pays its annual review fee on time
If a company secretary is not appointed, the directors become responsible for these duties.

What is a corporate register? (Back to Top )
A Corporate Register is a binder or folder that may be bound or loose-leaf and holds all your official company documents such as the certificate of incorporation, the share certificates, the minutes, the consents, the constitution, copies of ASIC forms, journals and the registers.

After I receive my company register from you, what do I have to do? (Back to Top )
The company register will come with instructions. In summary you must arrange for:

(a) the signing of the consents to be a director
(b) the signing of the consents to be a secretary (if applicable)
(c) the signing of the consents to be a member
(d) the posting or faxing to us copies of the signed consents

What is a Registered Office? (Back to Top )
A company must have a registered office in Australia. A post office box cannot be the registered office. The purpose of the registered office is to have a place where all official communications and notices to the company may be sent.

If the company does not occupy the premises where the registered office is located the occupier of these premises must agree in writing to having the company's registered office located there.

The corporate register should be kept at the registered office or the principal place of business of the company.

What is a Principal Place of business address? (Back to Top )
The principal place of business is the address where the company is carrying on business. It can be the same address as the registered office.

What is a common seal? (Back to Top )
A common seal is a rubber stamp or an adhesive paper seal used to execute company documents. Since 1st July, 1998 the use of a common seal is optional. Whether or not the company has a common seal is reflected in the first directors minute.

Do I have to have a common seal? (Back to Top )
No.

What are replaceable rules? (Back to Top )
Replaceable Rules are the rules by which the company is administered. They were introduced on 1 July 1998 and are set out in the Corporations Act. If the government amends the Replaceable Rules as set out in the Act then the company automatically adopts these changes. Theoretically, this sounds great, however the practicalities of obtaining a hard copy of these rules for perusal diminish with each amendment. In addition the directors of the company must keep abreast of the amendments from time to time.

What is a constitution? (Back to Top )
A constitution is a set of rules that govern the running of a company. Prior to 1 July 1998 the constitution was referred to as the "Memorandum and Articles of Association". The constitution we provide to our clients has been prepared by one of Sydney's recognised Corporate Solicitors and is regularly reviewed to ensure that the rules are up to date and easy to understand.

How long will it take to get an ACN? (Back to Top )
If the proposed name of the Company is acceptable to ASIC as an appropriate name for registration, the ACN will become available in a few minutes.

If the name chosen is an unusual word (not appearing in the Macquarie dictionary or not a name which contains words already known to the ASIC data base) then registration may be delayed for up to an hour while the application is manually reviewed by a staff member at ASIC.

An ACN may also be delayed if the company name is a public company, or the chosen name is identical to a registered business name or the chosen name has been reserved. This usually requires additional ASIC intervention.

What is an ABN? (Back to Top )
The Australian Business Number (ABN) is a number allocated to businesses by the Australian Taxation Office (ATO) and is used for all dealings the company has with the ATO. The company must place its ABN on all tax invoices.

You will need an ABN if you are required to register for GST.

How do I get an ABN? (Back to Top )
You can apply for your ABN through the ATO. You can ring the Tax Reform Info line on 13 24 78 or visit their website at www.business.gov.au

For other useful links click here.

Do I have to register for GST? (Back to Top )
If your business has a turnover of $75,000 or more or you provides taxi travel as part of your business you must register for GST.

How do I register for GST? (Back to Top )
You can register for GST on-line at www.business.gov.au at the same time you apply for an ABN or phone 1300 720 092 for a form to complete.

What is a TFN? (Back to Top )
A Tax File Number (TFN) is a unique number issued by the ATO to individuals, companies, partnerships and trusts. Sole traders use their individual TFN, there is no need to apply for another one. You can apply for a TFN at the same time as you apply for an ABN on-line at www.business.gov.au or phone the ATO on 13 28 66

What do I need to open a bank account for my company? (Back to Top )
To open a bank account you will be required to provide the bank with a copy of the certificate of incorporation showing the ACN, and sometimes a copy of the constitution.

What happens if I make a mistake on any ASIC form? (Back to Top )
Give us a call 02 1300 201 201, and we will assist you!

What is an Annual Review? (Back to Top )
A few weeks prior to the anniversary of the incorporation of your company you will receive from ASIC an extract of particulars (company statement) showing the current details of your company as they appear on the ASIC database. The purpose of this is for you to check that your company details are correct. If they are different to those on the ASIC database you must let ASIC know. You must disclose to ASIC all company changes as and when they occur (within 28 days to avoid a penalty) via the preparation and lodgement of the appropriate ASIC form. You may choose to become an outsourcing client through our corporate secretarial division Corporate Express which will manage the entire annual review process for you, including the creation and lodgement of any necessary documents to notify ASIC of any changes to your company. Call us on 1300 201 201 to discuss how outsourcing can work for you.

When do I have to lodge an Annual Review? (Back to Top )
You do not lodge an annual review. Provided the company statement ASIC sends you is correct you only need to pay the review fee. The review fee is due within 60 days of the review date (ie the anniversary of the incorporation of your company). We can assist you in this regard.

Click here to see a list of the comprehensive range of services offered by our other division, Corporate Express.

Can I deregister my company? (Back to Top )
You can deregister your company providing that all ASIC review fees are paid, all other ASIC fees are paid and registered charges are satisfied. Please contact us for more information.

What is a domain name? (Back to Top )
A domain name is your address on the Internet. Like any address, it is important for the success of your business that your customers can find you easily. Your domain name is your online-identity and brand.

What is a business name? (Back to Top )
A business name is registered through the Office of Fair Trading or its equivalent in other States. Business names are State based therefore you must apply for your business name in every State in which you do business.

Registration of a business name does not create a legal entity and has no legal status.

To register your business name click here