As incorporation agents our experience with the Australian Securities and Investments Commission means we can obtain registry copies of company documents and conduct comprehensive Australia company searches.
The most common type of company in Australia is the proprietary company (Pty). A Pty is a legal entity, shareholders liability is limited and is governed by the Corporations Act 2001, we can provide the following documents from the Australian Securities and Investments Commission:
The Australian Securities and Investment Commission are an Independent Commonwealth Government body. They are set up under and administer the Australian Securities and Investments Commission Act 2001(ASIC Act), and carry out most of their work under the Corporations Act 2001 (Corporations Act).
We can provide an company search with the latest filed information from the Australian Securities and Investment Commission's (ASIC) database under section 1274A of the Corporations Act 2001.
The contents of a Australian company search report include:
The search report is provided from the Australian Securities and Investment Commission's and delivered by email in 2 - 4 days.
We can provide a Certificate of Registration for an Australian company issued under the Corporations Act 2001 Paragraph 1274(2)(b). This certificate includes details of the company registration including changes to the name, date of any name changes, company registration number, registration date and the company type. This is an electronic certificate and is different to the certificate of incorporation provided when the company was first registered in Australia.
The Electronic Australian Registration Certificate includes the target company name, company number, confirms the company is registered, the company type and registration date. The certificate is dated and signed electronically when ordered from the Australian Securities and Investment Commission.
Copies of Australian company accounts for proprietary companies are only available if they are required to lodge the documents with the Australian Securities and Investments Commission. In Australia companies only have to lodge financial reports with the registry where there are substantial sums of money involved, the general public has invested funds with the company, or the company exists for charitable purposes only and is not intended to make a profit.
Once a company is registered in Australia the directors are obliged to produce and submit to the ASIC an annual review. We can provide an electronic copy of the latest Annual Return (AR 2000/316L) for an Australian proprietary company from the Australian Securities and Investments Commission.
We can provide a historical company search extract which will contain details of any historical charge recorded on ASIC's Register of Company Charges. It will stage if the charges are fully satisfied and discharged in full or deleted charges.
Changes to the company must be notified to the Australian Securities and Investment Commission's within 28 days of the annual review date. Despite only one annual statement being submitted each year, changes to the company must be lodged with the ACIS throughout the year as they occur:
Australia Corporations Act 2001 is the primary legislation that regulates registration and operation of companies in Australia. You will find below the key extracts from the Australia Corporations Act 2001 act along with the full act.
Company may use available name or ACN
(1) A company may have as its name:
(a) an available name; or
(b) the expression “Australian Company Number” followed by the company’s ACN. The name must also include the words required by subsection (2) or (3). Limited companies (2) A limited public company must have the word “Limited” at the end of its name unless section 150 or 151 applies. A limited proprietary company must have the words “Proprietary Limited” at the end of its name.
A company must have a registered office in Australia and must inform ASIC of the location of the office. A post office box cannot be the registered office of a company. The purpose of the registered office is to have a place where all communications and notices to the company may be sent.
If the company does not occupy the premises where its registered office is located, the occupier of the premises must agree in writing to having the company’s registered office located there.
A proprietary company is not required to open its registered office to the public but this does not affect its obligation to make documents available for inspection.
The company must notify ASIC of any change of address of its registered office.
Only an individual who is at least 18 years old can be a director. If a company has only 1 director, they must ordinarily reside in Australia. If a company has more than 1 director, at least 1 of the directors must ordinarily reside in Australia.
A director must consent in writing to holding the position of director. The company must keep the consent and must notify ASIC of the appointment.
A proprietary company limited by shares must have a share capital and at least 1 shareholder. ASIC may apply to a Court to have a company wound up if it does not have any shareholders.
6.1 Becoming a shareholder and ceasing to be a shareholder
A person may become a shareholder of a company in several ways, including the following:
the person being listed as a shareholder of the company in the application for registration of the company
the company issuing shares to the person
the person buying shares in the company from an existing shareholder and the company registering the transfer.