This type of proprietary company is registered with ASIC as a company whose sole purpose is to act as the Trustee of a Superannuation Fund (SMSF) and is not permitted to trade in any form. A reduced rate on the annual fee payable to ASIC is applicable to this type of company.
If you would like to order an SMSF package (trustee company and SMSF trust deed), you can order the package.
- ASIC Certificate of Registration
- A complete and tailored suite of documents completing your company register, including:
- All necessary resolutions, applications, consents and registers
- Share certificates
- Copy of the ASIC Form 201
- Letter to the ATO re appointment of Public Officer
- Company Constitution including a Division 7A Loan Agreement
- Allotment Journal
- A helpful instruction letter
If you order our full service courier delivered product you will receive your documents bound in a professional folder which includes indexed tabs separating the documents and 2 copies of your constitution (1 bound and 1 hole punched).
(Incl ASIC fee
$495 & GST)
(Incl ASIC fee
$495 & GST)
PDF email delivery
Full Service Courier delivery
How long until I receive my documents?
Through our website, companies can be incorporated 24 hours a day, 7 days a week. Our “instant” system typically incorporates a company via our direct link to ASIC and delivers the company register as a PDF by email in less than 10 minutes. Where you would like us to manually review your company before incorporation, we aim to deliver your register by email within an about an hour of receipt of your order during business hours.
We are able to deliver our full service couriered product to the Sydney metropolitan area within about 4 hours of receiving an order. Orders received before 12 midday are usually delivered the same day. Documents being sent to Brisbane and Melbourne will be sent by overnight courier for next day delivery (order must be received by 4pm for delivery the next day) and within a couple of days to Perth and regional areas.
Please note that the Corporations Legislation requires companies to maintain written consents and agreements of its officeholders and members as part of its record keeping responsibilities.
You can print off Consent templates here. Please ensure these are completed prior to incorporating your company and keep them for filing in your company register. You do not need to provide these to us.
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.
How do I order a company and what is the process?
Through Patricia, you can order your company online, or you can download an order form and email or fax it to us. Online ordering is marginally cheaper than completing a “manual” order form.
Click “here” to download a PDF order form for a Standard Pty Ltd Company.
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 and/or courier depending on your selection.
How much does it cost to register a company?
The cost varies between company types. Prices can be found here.
Patricia Holdings can incorporate your company, and deliver it to you by courier, printed and bound in a special purpose professional folder from $260 (ex gst) + ASIC fee if you order your company online. When you order our bound hard copy product, for just an additional $15 (ex gst), we will email you a PDF version of your register.
If you prefer to only receive a PDF of your company register, Patricia Holdings charges $150 (ex gst) + ASIC fee if ordered online.
We offer clients the ability to order via fax or email on a "manual" order form which costs an additional $40 (ex gst) service fee.
How long until I receive my company register?
We offer clients the ability to order companies 24 hours a day, 7 days a week via our online “Instant” system. In circumstances where the order is error free, does not get flagged for manual review at ASIC and the ASIC system is not down for maintenance, companies are often incorporated and company documents delivered to your email within 10 minutes of the order being received by us.
Where you would like us to review your company data before incorporation, companies are normally delivered as PDFs within an hour of the order being received.
If you are in the Sydney metropolitan area, and order before midday, we are normally able to deliver your couriered company register on the same day. For other areas, or orders received later in the day, in most cases company folders are delivered the next day. For more remote and rural areas delivery can take up to 3 days.
How do I fix a mistake in my company documents?
If you have made a mistake in your application and your company has been incorporated with incorrect information you will need to contact ASIC directly. If your mistake is immaterial then ASIC may well be willing to correct the error over the phone. More serious mistakes made by you can be fixed by lodging a Form 492 with ASIC. We are unable to lodge this on your behalf but are more than happy to assist you with the process. ASIC require evidence that we made the mistake if they are to accept the Form 492 from us.
And of course, if we make a mistake we will promptly lodge the Form 492 to rectify the error.
How do I make changes to my company after incorporation?
Patricia Holdings is also able to assist with all of your company changes including lodging forms with ASIC and providing minutes for the company register. In most cases, we charge from $100 (ex gst) to lodge your forms with ASIC and provide you with the necessary documents and minutes for your register.
What type of companies can Patricia Holdings register?
Patricia Holdings is able to register most company types. We can incorporate and provide compliant documents for the following types of companies:
- Proprietary Limited (Pty Ltd)
- Superannuation Trustee
- Limited By Guarantee
- Home Unit
How can I deregister a company?
If you no longer need your company, you can voluntarily deregister your company through ASIC. This is subject to the following prerequisites:
- All members of the company agree to the deregistration
- The company is not carrying on business
- The company's assets are worth less than $1,000
- The company has paid all fees and penalties payable under the act
- The company has no outstanding liabilities
- The company is not a party to any legal proceedings
Patricia Holdings can complete the required forms, lodge them with ASIC and provide you with the necessary minutes. For more information, click here.
ASIC will then notify Patricia Holdings when they have approved the application (usually about 2 weeks). The application to deregister the company will then be published in the ASIC Gazette which can take around 2 months. Following this, ASIC will deregister the Company and send a notification to Patricia Holdings, which we will forward to you immediately via email.
How can I find out if the company name I want is available?
You can check the availability of your chosen name by searching the ASIC register “here”
Alternatively you are more than welcome to call or email us and we can search the name for you.
What information do I need to register a company?
Different company types have different requirements.
At a minimum you’ll need:
- 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)
- Members names and addresses (shareholders)
- Number, class and value of shares
How many Directors do I need in a company?
For a Proprietary Company - one (1).
If an overseas Director is appointed to a Proprietary 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.
Directors must be least 18 years old and must not be a disqualified person per the Corporations Act 2001.
How many Secretaries do I need in a company?
For a standard Proprietary Company – none (0)
Appointing a Secretary is not required for a Proprietary Limited Company. If 1 or more secretaries are appointed, at least 1 of them must reside in Australia.
For Unlisted Public Companies and Limited by Guarantee (LBG) companies there is a minimum of 1 secretary and at least 1 must be an Australian resident.
A company secretary must be at least 18 years old and must not be a disqualified person per the Corporations Act 2001.
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 receives 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 of the company commencing to carry on a 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. Please note that we are unable to appoint the Public Officer on your behalf at the time of incorporation.
We do however provide both a Consent to Act as Public Officer template and a notification letter that you can send to the ATO after incorporation to ensure compliance. Please note however that the Public Officer can only be appointed to a company that has a TFN and/or ABN.
If Patricia Holidings completes the ABN application for your company you will be asked to nominate a Public Officer and and we are able to appoint this person at the time of lodging the ABN/TFN application.
The appointed Public Officer a must be at least 18 years of age, an Australian resident and must understand the nature of their appointment.
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 do you mean by beneficially or non-beneficially held?
“Beneficially held” means the shareholder gets the direct benefit of owning the shares.
“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, a company or another individual.
Can a Trust be a shareholder?
A Trust can be the beneficial owner but the Trustee of the Trust is the legal owner of the shares and holds the shares on behalf of and for the benefit of the Trust. It is the Trustee who is the shareholder of the company.
What is the value of a share?
Our website defaults shares at $1.00 however you can specify a value of your choosing.
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.
Can I have different classes of shares?
Yes. We offer a multi-class constitution that allows for shareholders to hold different classes of shares. To see the available classes and attached rights, click here.
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?
An ultimate holding company has overall control of another company. It can have any number of subsidiaries but cannot be a subsidiary itself. It is sometimes referred to as a controlling entity.
Can I have an overseas secretary?
Yes provided that there is also an Australian Secretary.
Do you register foreign companies?
No, we only register Australian Companies in Australia.
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.
If the Corporate Key has been misplaced, you can order a new one with ASIC online here.
Can I go to ASIC to register my Company?
Yes, but they will only incorporate the company and provide you with a certificate of registration. They will not provide you with a company register or a constitution. It is a requirement of Corporations Law that a company maintains an up to date corporate register.
Patricia Holdings can register the company and provide you with all the compliance documents you need.
What is a company Constitution?
A company constitution are the governing rules of the company setting out all the requirements of shareholders and officeholders of the company in plain English.
Do I need a Constitution for my Company?
No. You can adopt the "Replaceable Rules" from the Corporations Law but financial institutions will generally require a Constitution for opening bank accounts and other transactions.
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 after receiving your ACN. It is a separate process.
How to Order
Order by fax/email
- Download Order Form – Proprietary Company.pdf