FAQs

Australia has a strong legal framework that protects property rights and Australia’s robust rule of law minimises corruption. Enforcement of contracts is reliable and outcomes are predictable.  Australia’s stable political environment supports a strong judicial system which operates independently and impartially. 

As one of the few G20 economies that has avoided the worst of the COVID-19, the Australian economy remains strong and well positioned for future growth.  This, combined with a number of Federal and State backed Foreign Direct Investment incentives, makes doing business in Australia an attractive investment strategy.

Australian’s reputation in the international business community means your business will gain significant trust and confidence from potential clients or partners by having a branch or subsidiary in Australia.

To do business in a highly regulated jurisdiction such as Australia almost every business would benefit by having a company structure with transparent liability and accountability.

A company structure can be one of the most straightforward ways in which to separate, or limit your exposure if something unforeseen should happen. When operating as a registered company with limited liability, you are generally protected from the debts of the business. Together with suitable insurance, a correctly structured company may be your only protecting from financial destruction.

Whether your business activities are local, inter-State or international, having your business operating as an Australian registered company will provide a very reputable business platform from which you can operate and expand with great ease and efficacy.

It can take as little as 24 hours after we receive the necessary information and documents.

In short, yes. A trade mark is a way of identifying a unique product or service. It’s a form of brand protection which distinguishes between your products or services and those belonging to your competitors.

A trade mark is not just ‘a logo’.  It can be a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or a combination of these.

Under Australian law, a registered trade mark provides you with exclusive rights to use, license and sell the mark. It’s also a valuable marketing tool because the value of your trade mark increases with the success of your business.

Your trade mark, often called a brand, is your identity. It’s the way you show your customers who you are.  It might be your corporate logo, a jingle you use in an advertisement, your business name painted on the side of your truck or your signage or packaging. A trade mark can also be one or more of the following:

• word (in a plain font or a ‘fancy’ font)
• phrase
• letter
• number
• logo
• picture
• aspect of packaging

Trademarks are registered with IP Australia to give you the exclusive rights to that mark, which makes it easier for you to take legal action to prevent others from using it.

There are a few considerations when choosing your company name.

 You can only use a name that is not identical to an existing company or business name. Use this check name availability search to see if the name you want is available. 

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

You can only use certain characters in a company’s name. The following characters are accepted:

Some words and phrases can only be used with the approval of a government minister. Some examples include:

• ‘bank’
• ‘trust’
• ‘Royal’
• ‘Incorporated’

You cannot use words that could mislead people about a company’s activities. This includes associations with Australian government, the Royal Family, or any ex-servicemen’s organisations. The ASIC may also refuse a name if it’s considered offensive or suggests illegal activity.

Reserving a company name – If you aren’t ready to register your company but want to make sure a name is available, we can request the ASIC to reserve the name for you. If the reservation is approved it will be reserved for two months. If you wish to extend this period, you’ll need to apply to reserve the name again.

The ASIC will not reserve a name for a long period as this prevents other people from using the name to conduct business.

A company’s 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’s members’ liability is limited to the amount unpaid on their shares, the name must end with ‘Proprietary Limited’
• if the members’ liability is unlimited, the company name must end with ‘Proprietary’.

A trade mark is not a business name, company name or domain name. A common misconception is that a trademark is the same as a business name, company name or domain name. It’s not.

To comply with current regulations, you’ll need:

• A name for your company: The name can’t be identical to another, misleading or offensive
• Local company management: You must appoint at least one Director and one Public Officer who both reside in Australia
• Provide details of the shareholders or parent company
• Provide details of the number of shares: Minimum requirement is 1 share at AU$1.00

Once you’ve established your Australian company, you’ll need to:

• Register for an Australian Business Number (ABN): This unique ID number will enable your business to deal with government departments, and it must be displayed on your invoices
• Open a business bank account: With a bank licensed to operate in Australia
• Register for the Goods & Services Tax: This is required if your GST turnover meets or exceeds A$75,000 per annum
• Register for a company Tax File Number (TFN): This is ideally applied for from the date the company is registered
• Register for Pay as You Go (PAYG): This is applicable if you intend to employ staff or pay interest to an overseas affiliate
• Registered Office: This can also be the company’s place of business or a separate office used for the receipt of ASIC and other statutory correspondence.

A company director in Australia assumes significant personal and professional responsibility.  Their duties include:

• being honest and careful in all dealings,
• understanding what the company is doing,
• making sure the company can pay its debts on time,
• ensuring the company keeps proper financial records,
• acting in the company’s best interests, even if this conflicts with the Director’s personal interests,
• using any information that the Director receives only for the good of the company. Using information to gain an unfair advantage for Director personally or others could be a crime.

Courts can impose heavy fines for breaches of Australian Corporations Law and can even send directors to prison.   Depending on the nature of the company or business being conducted by that company, Directors may also be held PERSONALLY liable in relation to issues relating to superannuation, tax offences, breaches of consumer laws and competition laws, breaches of environmental laws and regulations, breaches of anti-discrimination laws and workplace health and safety laws and regulations.  These types of breaches may result in the Director being liable to pay quite large financial sums and/or face imprisonment for the breach.

The Australian Corporations Law requires that a proprietary limited company established in Australia must have at least one Director and public officer that ordinarily reside in Australia.  Public companies must have at least two Directors that ordinarily reside in Australia.

Yes, we can.  We have a range of people who have extensive managerial and C-suite experience in a variety of industries.  Contact us to discuss how we can tailor our services to meet your needs.

Due to the significant personal and financial exposure all Directors face, ACG Resident Directors will accept an appointment where:

• The local Australian company is a newly established/incorporated entity.
• The ACG Resident Director has oversight of all financial activity of the Australian company.  The ACG Resident Director does not need to be involved in the day to day running of the business but must be able to oversee and monitor the operational and financial activities of the company.
• The local Australian company engages ACG to provide Corporate Secretarial services and uses ACG’s recommended legal  and accounting service providers – preferential fee rates are available for ACG clients.
• The ACG client provides a clear business plan for the 12 months following the appointment of the ACG Resident Director.  ACG has access to a range of business development experts who can assist in developing and drafting a business plan.
• Confirm the activities of the company comply with Australian local laws, (e.g. local licensing requirements, consumer laws, importation laws).  ACG and its affiliated law firm Arenburg Legal are able to assist with advice on the need for licenses and registration, including any compliance processes.
• Agree to provide regular financial and operational reports, and to provide direct access to your local Accountant and Tax Agent;

Executes a Director’s Agreement covering fees, service costs and indemnities for any liabilities that the company is not able to meet in Australia, in order to avoid insolvency.

Australian proprietary companies must have at least 1 share with a minimum paid up capital of at least AU$1

Whether audited accounts are required will depend on the nature of the company and its activities. We work closely with our accounting affiliate Xperion, to confirm the requirements and to make the necessary arrangements.

Strictly speaking, a local bank account is not required. However, having access to local banking services will greatly improve the convenience and confidence of the company’s clients and counterparties.

A registered office is the address where the Australian Securities and Investments Commission (ASIC) will send your statutory correspondence, official documents and notifications.  This can be different from your day-to-day place of business (i.e. Business Address).

ACG has negotiated preferential service arrangements with one of Australia’s leading office services providers, ServCorp, to deliver first class office, co-working and virtual office facilities to our clients.

Through ServCorp, ACG clients have access to a range of premium office locations and competitive pricing for physical and virtual office services including:

• Dedicated full-time receptionist
• Telephone answering
• Mail receipt and forwarding
• Office space available on a range terms
• Access to meeting rooms and conference facilities
• Use of a premium city address as the company’s registered office and/or busines address
• Posting and couriering official documents and correspondence
• Making phone calls on the company’s behalf

ACG’s experienced Corporate Secretaries provide dedicated support to ACG clients that include:

• Maintenance of corporate and statutory registers
• Organising and conducting board and shareholder meetings
• Management of official correspondence with ASIC, IP Australia and other government authorities

ACG Corporate Secretarial services gives you the confidence that you have access to dedicated and experienced staff who will ensure your company meets all its legal and corporate regulatory obligations.

The costs for ACG provided Corporate Secretary will depend on the size and scope of your company. ACG will work with you to reach a fee arrangement that is suitable for your needs.

An ASIC Agent takes some of the leg work out of dealing with the ASIC by acting as anintermediary between officeholders of your Australian company and ASIC.  This is particularly helpful if your company is small and not especially active and therefore does not require the more comprehensive services of a Corporate Secretary.  This helps your company meet its regulatory obligations more efficiently and with less cost.  Speak to us about how we can tailor our services to meet your needs.

ACG uses and recommends Xperion for all our tax advisory needs. The staff at Xperion have extensive knowledge and experience in advising on tax matters for Australian companies. They can provide expert and considered guidance relating to:

• The most appropriate corporate structure to use
• Day-to-day tax, accounting operations and reporting processes
• Changes with the Australian tax rules

ACG uses and recommends Arenburg Legal for all our legal and contract negotiation needs.  The team at Arenburg Legal have more than 20 years of experience in advising local and international clients on a range of commercial, corporate and regulatory matters.

ACG’s network of experienced business development consultants can provide a wide range of services including, assistance with business investments, accessing real estate, brand development and marketing. Everything a new business needs to reach its full potential.  Our affiliated legal and accounting services offer preferential prices for ACG clients.

After the company documents are accepted by ASIC, the company will receive a Certificate of Registration issued by ASIC, and a prepared a Company Register book. The originals of these documents need to be kept at the Registered Office of the Company in Australia. However, you will get a copy and always have up-to-date access to them.

Each year you must pay a fee of AU$254 and respond to an annual lodgement form with ASIC (which is very basic, and confirms the current Shareholders and Directors).  If the company is running a business or earns income you will need to prepare accounts and lodge a tax return.

Several activities in Australia require specific federal and state licenses. We can provide you with advice on this after we better understand the type of activities that you propose to carry on in Australia.

Our fees depend on the services we provide. Our fee to set up a proprietary limited Australian company is A$1200 which includes:

• The steps outlined in Process for Setting Up a Company
• ASIC’s company registration fee
• Registration for an Australian Business Number (ABN): This unique ID number will enable your business to deal with government departments, and it must be displayed on your invoices
• Registration for the Goods & Services Tax: This is required if your GST turnover meets or exceeds A$75,000 per annum
• Registration for a company Tax File Number (TFN): This is ideally applied for from the date the company is registered
• Registration for Pay as You Go (PAYG): This is applicable if you intend to employ staff or pay interest to an overseas affiliate