Choose a Business Structure: Decide on the type of company structure you want to establish. The most common structures in Australia are:
- Proprietary Limited Company (Pty Ltd): A private company with limited liability for its shareholders.
- Public Company Limited by Shares (Ltd): A publicly traded company with more than 20 shareholders.
- Public Company Limited by Guarantee: Typically used for non-profit organisations.
Company Name Registration: This name must be unique and not already in use. You can check the name availability through ASIC’s (Australian Securities and Investments Commission) website. The name must also include “Pty Ltd” or “Ltd” as appropriate.
Appoint Directors and Shareholders: At least one director who resides in Australia is required. A proprietary company also requires at least one shareholder, and there is no maximum limit on the number of shareholders.
Registered Office: A registered office in Australia is required where all official documents can be sent and served. This office must be accessible to the public during business hours.
Constitution: Draft a company constitution, which outlines the rules and regulations governing the company’s internal management and operation. While not mandatory, having a constitution is advisable.
ACN (Australian Company Number): Upon registration, your company is assigned an Australian Company Number (ACN), which must be displayed on all company documents and correspondence.
ASIC Registration: Register the company with ASIC, the Australian Securities and Investments Commission. This includes submitting the necessary forms and paying registration fees. ASIC will provide an Australian Company Number (ACN) upon approval.
Taxation: Where the company is operating a business, the company will need to register for a Tax File Number (TFN), Australian Business Number (ABN) and the Goods and Services Tax (GST) if your company’s annual turnover exceeds the threshold. Additionally, you must ensure that your company complies with corporate tax obligations and reporting requirements. Taxopia’s Company Tax Returns will have you covered here.
Business Licenses and Permits: Licenses and permits can be different depending on the kind of business you run and where it’s located. Make sure to have the right permits to operate your business legally. Many local councils have permit requirements and restrictions that must be complied with. Also some business activities have additional state-based requirements such as real estate agents, labour hire businesses, and adult services to name a few.
Bank Account: Open and maintain a separate bank account in the company’s name to handle financial transactions.
Record Keeping: Maintain accurate and complete financial and administrative records for a specified period, as required by law.
Compliance: Ensure compliance with various legal regulations and obligations, including industry-specific rules and competition laws.