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Company Registration

Learn how to register a company, how best to set up a company in Australia with ASIC and more.

If I want to change the company from an unlisted public company to a private company down the road, can I?

Generally speaking you should be able to convert your unlisted public company to a proprietary company down the road. During the life of your company, you may decide that the company type you registered with no longer suits the activities or nature of your business. A special resolution of the members must be passed agreeing to the conversion and a form 205 and 206 lodged with ASIC. Patricia Holdings can help you with these lodgements – contact us today.

Section 162 of the Corporations Act states that only some kinds of company conversions are allowable.  These are outlined below:

This type of company may change…

…to this type of company

proprietary company limited by shares

  • unlimited proprietary company
  • unlimited public company
  • public company limited by shares

unlimited proprietary company

  • proprietary company limited by shares
    (but only if, within the last 3 years, it was not a limited company that became an unlimited company)
  • public company limited by shares
    (but only if, within the last 3 years, it was not a limited company that became an unlimited company)
  • unlimited public company

public company limited by shares

  • unlimited public company
  • unlimited proprietary company
  • proprietary company limited by shares
  • no liability company
    (see s 162(2) for full requirements)

company limited by guarantee

  • public company limited by shares
  • unlimited public company
  • proprietary company limited by shares
  • unlimited proprietary company

unlimited public company

  • public company limited by shares
    (but only if, within the last 3 years, it was not a limited company that became an unlimited company)
  • proprietary company limited by shares
    (but only if, within the last 3 years, it was not a limited company that became an unlimited company)
  • unlimited proprietary company

public no liability company

  • public company limited by shares
    (but only if all the issued shares are fully paid up)
  • proprietary company limited by shares
    (but only if all the issue shares are fully paid up)

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