Let Sino-Australia Accounting help you register a company in Australia
Establishing an Australian Company
Australia is a stable democratic country with a federal parliamentary constitutional monarchy and a population of over 24 million. The official language is English. Australia is a highly developed country. Its multiculturalism, pleasant weather, mature political system, no property tax, and emphasis on humanities and scientific research have made it the top country for immigration and investment for many years.
Basic Requirements for Establishing a Company in Australia
Choice of Company Types
| Types | Sole Trader | Partnership | Pty Ltd |
|---|---|---|---|
| Legal Liability | Personal Unlimited Liability | Joint Liability of Partners | Limited Liability of Shareholders |
| Registration Requirements | Only Need to Apply for an ABN | Partnership Agreement + ABN Required | ASIC Company Registration |
| Applicable Scenarios | Micro Business | Professional Services Industry | Medium to Large Business Entities |
Eligibility criteria for company registration in Australia
Directors and Shareholders
Applicants for registering a company in Australia must have a minimum number of directors and shareholders. This will depend on the requirements of the specific form of entity. A proprietary company must have at least one director who resides in Australia. Therefore, a foreign company or individual wishing to set up a company in Australia usually requires the services of a resident who is willing to take on the role of a nominee resident director. In view of the responsibilities and fiduciary risks of acting as a company director in Australia, the person should have experience in meeting corporate governance and other business registration requirements.
Age requirement
All directors, shareholders and key management personnel of an Australian company must be aged 18 or over. Written consent is required from the individual operating the company in Australia. FIRB approval
If a non-Australian person acquires shares, FIRB approval must be obtained under Australia’s foreign investment regime.
other
Free Trade Agreements Australia has free trade agreements with other countries that allow it to trade without interference. In addition, Australia has DTAAs with other countries. This does not tax investors twice. Australia's current corporate tax rate is 30%.
Stable business environment
Australia provides an ideal environment for conducting different forms of business activities. Such an environment is supported by a stable political system. The country has a low inflation rate. Therefore, investors can register their company in Australia.
Standard Establishment Process
1.Preliminary Preparation Stage
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Name Pre-Approval：Conduct a name check through the ASIC website (prohibited restricted words such as 'Bank' / 'Trust')
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Drafting of Articles：Adopt the standard articles under the Companies Act or customize them (subject to lawyer verification)
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Verification of Director Qualifications：Non-Australian directors must provide notarized copies of their passports
2.Government Registration Stage
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Submit ASIC Forms：
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Form 201 (Company Registration Application)
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Director and Shareholder Identity Declaration (Foreign documents require NAATI certified translations）
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License Granted：
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Australian Company Number (ACN)
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Australian Business Number (ABN)
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Goods and Services Tax (GST) Registration (Required if turnover ≥ AUD $75,000)
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3. Obligations After Establishment
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Annual Reporting：Submit annual financial statements to ASIC (small businesses may be exempt from audit)
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Tax Registration：Report income tax to the ATO (standard tax rate 30%, with a reduced rate of 25% for annual revenue <$50 million)
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Labor Compliance：Employees are required to contribute to superannuation (currently at a rate of 11%)
Special Considerations for Foreign Enterprises
1.Board of Directors' Responsibility System
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Statutory ObligationsRequired to comply with Articles 180-184 of the Companies Act
✓Duty of Care and Diligence
✓ Conflict of Interest -
Penalties for Violations：Personal fines of up to AUD 1.26 million or 5 years imprisonment
2.Industry Regulatory Requirements
| Industry | Licenses and Permits | Regulatory Authority |
|---|---|---|
| Financial Services | AFSL License | ASIC |
| Food Sales | Food Business Registration | State Health Department |
| Construction Engineering | Builder Licence | State Agencies such as QBCC/VBA |
The following are the types of business structures:
（1）Branch Office
A branch is usually established by a foreign parent company. An Australian branch is simply an extension of the parent company's business. Profit-making business can be carried out by the Australian branch. The foreign company must register the branch with the Australian Securities and Investments Commission (ASIC). Under the Corporations Act 2001 (Cth), the foreign parent company must appoint a representative for the branch. This is mandatory to ensure compliance with the branch. In order to establish a branch in Australia, the registered office must have a local address.
（2) Representative Office
This type of office is usually set up by a foreign parent company. The Australian representative office is simply an extension of the parent company's business. The representative office in Australia cannot carry out profit-making business. Foreign companies must register their representative office with the Australian Securities and Investments Commission (ASIC).
（3) Public Company
Public companies are entities that are allowed to list on a publicly traded stock exchange. Foreign companies that choose this type of entity need to have a minimum capital to be listed on a stock exchange. Shareholders of this type of entity enjoy limited liability. At least one shareholder is required to form this type of entity. However, there is no limit to the number of shareholders of this type of entity. Shares can be offered to the public. However, compliance must be maintained as required by the Companies Act 2001.
（4)Private Company
Investors considering a company registered in Australia can set up this form of entity. Under the Australian company registration, the liability of the entity is not limited. The number of shareholders forming this type of entity may be less than 50. The individual liability of the shareholders does not exceed a certain number of shares agreed to be invested.
Why choose Sino-Australia Accounting?
Our professional staff at Sino-Australia can provide you with the following services in one stop:
- Australian Company Formation Services
- Australia Resident Director Services
- Provide Australian registered and correspondence address
- ABN GST registration
- Tax Compliance Services
- Investment Immigration FIRB Application
- Australian company opening a bank account in Hong Kong
- Eligible business structures for companies registered in Australia