FAQ - Companies

Do you have companies on the shelf?

No, we do not sell shelf companies. All of our companies are new, your company will be incorporated with your choice of name, directors and shareholders.

What is the turn around time for a Company?

To obtain an ACN and a copy of your certificate of incorporation the turn around is about an hour from when we receive your order. Please note that it can take longer for Limited by Guarantee and Unlisted Public companies, or for standard Proprietary companies if you are requesting a name that is not in the Macquarie Dictionary.

If you order the company before 11.30am it will be delivered the same day to the Sydney CBD area, or for areas outside Sydney CBD delivery will be the following day.

For delivery to rural NSW and other states delivery can take up to 3 days.

How do I order a company and what is the process?

To order a company you can follow the links to online ordering.

Alternatively you can download an order form, fill it in and fax or email it to us (however, this does incur a slightly higher fee than online ordering).

If we have any queries about your order or require any further information we will contact you as soon as possible.

After the company is incorporated the documents are sent out to you by email or courier depending on your selection.

How can I find out if the company name I want is available?

Call or email us and we can search the name for you.

What information do I need for a company?

  • A company name
  • A registered office address- a PO Box address is not acceptable
  • Principal place of business address- a PO Box address is not acceptable
  • Officeholder details (full name, residential address, date & place of birth)
  • Same for Secretary (not compulsory)
  • Same for Public Officer (not compulsory)
  • Members names and addresses (shareholders)
  • Number, class and value of shares

Do you register companies overseas ?

No, we only register Australian Companies in Australia.

What is the value of a share?

We issue all shares at $ 1.00 unless otherwise specified.

What is the capital of the company?

There is no authorised capital, that issued share value is the capital of the company at any specific time.

Can I issue shares for other than cash?

Not on incorporation.

Do my shares have to have a value?

Yes but they can be valued in cents if you wish.

How many Directors do I need in a company?

For a Proprietary Company - one (1).

If an overseas Director is appointed to the Company it must also have an Australian Resident as a Director.

For Unlisted Public Companies and Limited by Guarantee (LBG) there is a minimum of 3 directors and the majority must be Australian residents

How many shareholders do I need for a Company?

One (1) and that shareholder can be a person or Company. The shareholder(s) can also be an overseas person or Company.

What is a Limited by Guarantee Company?

A Limited by Guarantee Company is a not-for-profit company, or a charity company.

What do I need for a LBG Company?

A Limited by Guarantee Company must have at least three (3) directors, one (1) secretary and one (1) member. It must also have a Guarantee amount and can have Objects in its constitution.

Does a Limited by Guarantee Company have Shareholders?

No, LBG Companies have members who give a Guarantee amount to the Company and there are no share certificates issued

Where can my Registered Office be?

The registered office must be an Australian physical address, not a Post Office Box. You cannot use an overseas address.

What is an Ultimate Holding Company?

It is the Company that is at the top of the chain when Companies are linked together with their shareholdings.

Can I have an overseas secretary?

Yes provided that there is also an Australian Secretary

What is a Corporate Key?

This is a number that ASIC will give to you, it is sent directly to the Registered Office within about 10 days of Incorporation. It is like a pin number for your company and must be noted when you lodge some paper documents with ASIC

What do you mean by beneficially or non beneficially held?

Beneficially held means that you get the benefit of the income of your share.

Non beneficially held means that the shareholder is holding the share "as trustee for" or "in trust for" a second entity such as a Trust.

Can a Trust be a shareholder?

No, the Trustee must hold the share non-beneficially as Trustee for the Trust.

Can I go to ASIC to register my Company?

Yes but they will only give you a certificate, you will then need to go and get the Company register and constitution.

Do I need a Constitution?

No you can adopt "Replaceable Rules" but financial institutions will generally require a Constitution.

What is a Constitution?

It is the governing rules of the company setting out all the requirements of shareholders and officeholders of the company in plain English.

Who signs the Constitution?

The Constitution does not need to be signed.  

What is the difference between a Director, Secretary and Shareholder?

The directors are responsible for the safe and legal running of the company, the secretary is also liable for the company decisions and generally is appointed by larger firms to look after the paper work of the company. A shareholder get the financial benefits from the company.

What is a Public Officer? Is my Company required to have one?

The Public Officer of a company is the person who deals with the Tax Office in relation to the company's taxation affairs such as record keeping and submitting company returns.

Under the Income Tax Assessment Act 1936 (Cth), Companies are required to appoint a Public Officer within 3 months after the company commences to carry on business or derive an income in Australia. If a Company doesn't appoint a Public Officer within that 3 month period, it is guilty of an offence for each day it doesn’t have a Public Officer. We recommend appointing a Public Officer at incorporation to ensure your Company is compliant.

The criteria to be a Public Officer are that the person must be at least 18 years of age, an Australian resident and understands the nature of their appointment.

We provide both a Consent to be a Public Officer template and a notification letter that you can send to the Tax Office after incorporation to ensure compliance.

Can the Unlisted Public Companies you sell be listed on the stock exchange?

No you need to have a lot of legal requirements to satisfy the "listing rules', this is handled by a solicitor and we do not perform this task

When a company is incorporated does that give me an ABN (Australian Business Number)?

No, ASIC supplies the ACN (Australian Company Number) and then you apply to the ATO (Australian Taxation Office) for the ABN.

Since 1968, we have incorporated close to 200,000 companies.

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