What Are The Requirements For Registering Your Organization? (Check All That Apply)

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Steps to register a company

New ID requirement for directors

Visitor directors are now required by law to use for a director identification number. Find out more than about manager identification number.

This section details how to annals a company with us and the things you need to keep in mind.

Pace one - Is a company right for yous?
Pace 2 - Choosing a company proper name
Pace three - How will your company operate?
Step 4 - Sympathise your obligations as a company officeholder
Step five - Get consent from officeholders, members and occupiers
Step 6 - Registering your visitor
Step 7 - Afterward your company is registered...

Step one - Is a company correct for yous?

You need to determine if a visitor suits your needs or if yous should utilise a dissimilar business structure. Business.gov.au has a great 'Help me decide' tool that can aid you work out the concern structure that will best conform your needs and what registrations you should consider.

A company is its own legal entity and lets you behave business concern throughout Commonwealth of australia. You can also make use of other privileges, such equally corporate tax rates or limited liability.

Registering a company is dissimilar to registering a business organisation name. For more information, meet your business structure.

You lot can as well register unlike types of companies, including:

non for profit or charitable organisations
registrable Australian bodies, or
special purpose companies.

Footstep ii - Choosing a company name

At that place are a few things you should consider when choosing a visitor name.

A company's proper noun cannot exist identical to an existing proper name

Y'all tin just use a proper noun that is not identical to an existing company or business name. Employ our check name availability search to see if the name you want is available.

If y'all are the holder of an identical proper name, you may be able to register the proper name for the company in some cases:

Where the business name holder is...	the proper noun is only available to the proposed company if...
an individual	that individual is a proposed visitor managing director or member
a company	that same company is a proposed member
a partnership or joint venture	each of the partners is a proposed company director or member
a trust	each of the trustees is a proposed company managing director or member, and you lot have provided ASIC with a copy of the trust human action

Before May 2012, it was possible for multiple businesses with the same name to exist every bit long as they were registered in different states and territories. This is no longer possible under ASIC's national register. You lot won't be able to register a company name if an identical name already exists.

You can merely use certain characters in a company'due south name

The following characters are accepted:

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

Some terms are restricted

Some words and phrases cannot be used without the approval of a government minister. Some examples include:

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

You lot can't use words that could mislead people nearly a company'south activities. This includes associations with Australian government, the Royal Family, or any ex-servicemen'southward organisations.

We may also pass up a proper noun if information technology'due south considered offensive or suggests illegal activity. See company name availability to learn more well-nigh company names and restricted words.

Reserving a company proper name

If you aren't ready to register your company just want to make sure a name is available, you can apply to reserve it (Form 410).

If we approve your application, we will reserve the name for 2 months. If you wish to extend this flow, y'all'll need to apply to reserve the name over again.

We will non reserve a name for a long period as this prevents other people from using the proper noun to conduct business concern.

Check existing trademarks or names

Even if we reserve or register a name for you, a visitor with a similar trademark or name may accept activity against you. Information technology is your responsibility to exist aware of any similar names or trademarks that may affect your name. Visit the IP Commonwealth of australia website to search for existing trademarks.

A company'southward name must show its legal status

A company must show the liability of its members and status in its name. For example:

if a company'south members' liability is limited to the amount unpaid on their shares, the name must finish with 'Proprietary Limited'
if the members' liability is unlimited, the company name must terminate with 'Proprietary'.

Below is a list of canonical abbreviations that tin be used in a company'south name:

Full word	Abridgement
and	&
Australian Concern Number	ABN
Company	Co Coy
No Liability	NL
Australian	Aust
Australian Company Number	ACN
Limited	Ltd
Number	No
Proprietary	Pty

To brandish a dissimilar proper noun, you tin can register it every bit a business name. For instance, Apples Pty Ltd. can register 'The Apple Fruit Store' equally a business name. This means information technology can merchandise as 'The Apple Fruit Store' and display information technology on all its signage.

Stride 3 - How volition your company operate?

Earlier registering, you will need to decide how your company volition be governed. Your visitor tin exist governed by:

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

Replaceable rules

Replaceable rules are in the Corporations Deed and are a basic fix of rules for managing your company. If a visitor doesn't want to have a constitution, they can use the replaceable rules instead.

Using replaceable rules ways your company does non need a written constitution. This means yous don't have the expense of keeping it updated as the law changes.

Constitution

A company tin can besides take a written constitution instead of using replaceable rules. Companies must keep a copy of their constitution with their company's records. See constitution and replaceable rules for more data.

Special rules for sole managing director/member proprietary companies

If a proprietary company has merely i officeholder, they don't demand to follow replaceable rules or have a constitution. If another director/member is appointed, then replaceable rules automatically apply to the company. This can be changed to a constitution at a later date.

Share structure

A proprietary visitor must accept no more than fifty non-employee shareholders and be either:

limited by shares, or
be an unlimited visitor that has share upper-case letter.

A proprietary company must not conduct whatsoever activeness that requires disclosure to investors. They may only offer shares to members of the company or employees/subsidiaries of the company.

Step 4 - Understand your obligations as an officeholder

If you're an officeholder of a company, you must follow the requirements in the Corporations Human activity. This includes meeting your legal obligations , which includes:

ensuring company details are kept up to date
maintaining company records and details on the register
paying the appropriate lodgement fees and annual review fees as required.

Officeholders are ultimately responsible for a company's adherence to the Corporations Act.

Come across your company and the law for more information.

Visitor directors are required by law to apply for a director identification number (director ID). Once y'all take a director ID, information technology volition be unique to you forever.

Find out more at our Director identification number page.

Step 5 - Go consent from officeholders, members and occupiers

You must get written consent from the people that will fill these roles:

Managing director (must be over 18)
Secretary (must be over 18)
Member (every company must have at to the lowest degree one member).

At to the lowest degree one director and secretary of a proprietary company must ordinarily reside in Australia.

At least two directors of a public visitor must ordinarily reside in Australia.

Get the consent of the possessor of your registered office address

If your registered office does non belong to the company (e.k. it'due south your accountant's office), you must get their written permission to use the address.

You don't have to transport copies of your written consent to us, but you do need to keep these with your records. Yous must also gear up a annals to record details of the members of your company.

Stride six - Registering your company

Australian Government Business Registration Service

Y'all tin annals a company using the Australian Government'southward Business Registration Service (BRS). BRS combines several business and tax registrations in one place, making information technology even easier to start a business.

Annals your company online

Contact a private service provider (PSP)

You tin choose to register a company through a private service provider (PSP). This could be your accountant, your solicitor, or another business that provides online services with ASIC. They volition normally charge a fee for their services to a higher place what ASIC would charge.

Notice out more about private service providers.

Online exceptions

Some company types are unavailable to register online, including:

a company with unlimited liability,
a company with the individual share value more than four decimal places (due east.g. 0.00042),
a company that requires lodgement of a Form 207Z Certification of compliance with stamp duty constabulary, 208 Notification of details of shares issued other than for greenbacks or 379 Request to suppress residential address or alter residential and/or alternative accost,
a public company, with the Australian Visitor Number (ACN) as the company name and where the company is ruled by a constitution,
where a company officeholder identify of birth causes an error,
where a visitor address is not accustomed by ASIC, and/or
where an applicant is facing other extenuating circumstances.

If you wish to register one of the above company types, yous demand to request to register via paper.

How to submit a asking to register via newspaper

If yous believe you come across the to a higher place criteria, please ship us an online enquiry and include the following details:

your proposed company name and blazon,
the exception applicative to your registration,
your transaction reference number (if known), and
any error message you received (if known).

We'll consider your request and where appropriate, send you lot a copy of the course.

One time we've processed your application

Once nosotros've processed your application, nosotros will:

give the visitor an ACN (which you lot tin apply to employ for an ABN)
register the company, and
send you a certificate of registration.

We'll also transport you a corporate key, which is a unique number for your company. You will need your corporate key to create an business relationship online and update your details.

Step 7 - Afterwards your company is registered...

After your company is registered, make sure:

the company's name is on display wherever the company conducts business and is open up to the public
the company'due south ACN/ABN is displayed on any documents the company publishes
the visitor's details are kept up to appointment