Company Registration and Set-up
Registering a new Australian company with ASIC, with a constitution and establishment documents prepared for how the company will actually be owned and run.
- Registration with ASIC handled for you
- A constitution suited to the company’s purpose
- Consents, share certificates, registers and first minutes
- Trading companies, holding companies and corporate trustees
Setting up a company
More Than a Registration Number
Registering a company is quick. Setting it up so that it suits its owners, its purpose and its bank takes a little more care.
Before a company is registered, the owners need to settle who the directors and shareholders will be, which classes of shares are issued and to whom, where the registered office will be, and whether the company will trade, hold investments or act as trustee of a trust or SMSF. Each director must also hold a director identification number before being appointed.
A company can operate on the replaceable rules in the Corporations Act, but most owners are better served by a constitution that reflects their arrangement, particularly where there is more than 1 shareholder or the company will act as a trustee.
What is included
What the Set-up Includes
Each company is registered with a full set of establishment documents so that its records are complete from the first day.
ASIC Registration
Preparing and lodging the application to register the company, and delivering the certificate of registration.
Constitution
A constitution suited to the company’s purpose, including special purpose constitutions for corporate trustees.
Consents and Appointments
Written consents from the directors, secretary and members, confirming their appointments and shareholdings.
Share Certificates and Registers
Share certificates and the registers of members, directors and officers that the company must keep.
First Minutes
Minutes recording the first resolutions of the directors, such as opening bank accounts and adopting the constitution.
Shareholders Agreement
Where there is more than 1 owner, a shareholders agreement can be prepared at the same time.
Fixed fees for this work are published on our pricing page.
Get a Fixed-Fee QuoteHow it works
From Instructions to a Registered Company
Tell us the structure
Directors, shareholders, share classes, the registered office and what the company will do.
Director ID check
Each proposed director confirms their director identification number, which must be held before appointment.
Registration
We lodge the application with ASIC, usually on the same day the details are confirmed.
Establishment pack
You receive the certificate, constitution, consents, share certificates, registers and minutes.
Before you start
What to Have Ready
Most delays in registering a company come from missing details or a director who has not yet obtained a director ID.
Company name: The proposed name, or confirmation that the company will be known by its ACN. Check that the name is available and does not conflict with an existing business name or trade mark.
Officeholders: Full names, dates and places of birth, residential addresses and director IDs for each director, and the secretary if one is appointed.
Shareholders: Who will hold shares, how many, in what class, and whether any shares are held on trust for someone else.
Addresses and purpose: The registered office and principal place of business, and whether the company will trade, hold investments or act as trustee.
Common Mistakes
Registering before the structure is settled: Changing shareholders or share classes after registration costs more than getting it right at the start. Your accountant should confirm the structure first.
Shares held on trust without saying so: If a shareholder holds shares for a trust, that needs to be recorded correctly on registration.
Using a generic constitution for a trustee company: A company acting as trustee of a trust or SMSF needs a constitution that permits and suits that role.
Forgetting the ongoing obligations: The annual review fee, keeping registers up to date and notifying ASIC of changes all continue after registration.
Points Worth Knowing
Director identification numbers
Every director must hold a director ID before being appointed, and each person applies for their own.
A resident director
At least 1 director of a proprietary company must ordinarily reside in Australia.
Corporate trustees
A company acting as trustee of a trust or SMSF should have a constitution that allows it to do so.
Annual review fee
ASIC charges an annual review fee for each year the company remains registered.
Director duties
Directors take on legal duties, including to act in good faith and to prevent insolvent trading.
Keep the records current
Changes to officers, shareholders and addresses must be notified to ASIC within set time limits.
Tax registrations such as the ABN, TFN and GST are usually arranged by your accountant once the company is registered.
Talk to Us About Your MatterThe choice between a company and a trust, or a combination of both, is usually settled with your accountant first.
Company Registration FAQs
How long does it take to register a company?
Do I need a constitution?
What does it cost?
Can you set up a company to act as trustee of a trust or SMSF?
Do you give tax advice on whether to use a company?
Can I be the only director and shareholder?
What is the difference between a company name and a business name?
Have a question that is not answered here?
Contact UsSetting Up a New Company?
Tell us who will own and run it, and we will confirm a fixed fee before any work starts.
Get a Fixed-Fee Quote