1. How do I place an order?
   
2. What sort of information do I need at my finger tips to incorporate a company?
   
3. How do I choose a company name?
   
4. What is a name reservation?
   
5. What is an ACN?
   
6. Can my company use its ACN as the name?
   
7. Can I change the name of my company?
   
8. How many directors are required to form a company?
   
9. How many shareholders are required to form a company?
   
10. Can another director be appointed at a later date?
    
11. Do I have to have a company secretary?
    
12. What is a corporate register?
    
13. After I receive my company register from you, what do I have to do?
    
14. What is a Registered Office?
    
15. What is a Principal Place of business address?
    
16. What is a common seal?
    
17. Do I have to have a common seal?
    
18. What are replaceable rules?
    
19. What is a constitution?
    
20. How long will it take to get an ACN?
    
21. What is an ABN?
    
22. How do I get an ABN?
    
23. What do I need to open a bank account for my company?
    
24. What happens if I make a mistake on any ASIC form?
    
25. What is an Annual Review?
    
26. When do I have to lodge an Annual Review?
    
27. Can I deregister my company?
    
28. What is a domain name?
    
29. What is a business name?
    
30. What is a Unit Trust?
    
31. What is a Superannuation Fund?
    
32. What is a Discretionary Trust?
    
33. Should the Company adopt a new constitution?
    
34. To learn more about your company and the law click here
    

1. How do I place an order?

Print or download our order forms

Completing our online forms

Calling us on 02 9261 2100

2. What sort of information do I need at my finger tips to incorporate a company? (Back to Top)

• your preferred company name - Click here to see if your name is available
  
• the registered office address of the company
  For more information about the registered office address click here
  
• the name of the occupier of the proposed registered office address if you do not occupy it
  
• the principal place of business of the company
  For more information about the principal place of business click here
  
• the officeholders
  - full name (no initials) of officeholder
  - residential address of officeholder (cannot be a Post Office Box)
  - date and place of birth of officeholder
  
• the shareholders
  - full name (no initials) of shareholder
  - address for service of notices on shareholder
  - number of shares to be allotted to the shareholder
  - the issue price of each share allotted
  - if the shares are not allotted as fully paid, the amount to which they are paid
  - the class of each share allotted
  
  

3. How do I choose a company name? (Back to Top)
If a name has not already been registered and contains no restricted words then that name may be used for your company. A business name may also be used as your company name if the owners of the business name are also the shareholder/s of the company.

Perform a Company Name Search

If it is important for you to use your company or business name as your domain name we recommend that you also search for the availability of that domain name before selecting your company or business name.

Perform a Domain Name Search

4. What is a name reservation? (Back to Top)
If you know the name of the company you wish to register but you are not ready to incorporate, you can reserve the name with ASIC for 2 months at a time. This period can be extended prior to expiration.

5. What is an ACN? (Back to Top)
When a company is registered ASIC allocates a 9 digit number called the Australian Company Number (ACN).

6. Can my company use its ACN as the name? (Back to Top)
Yes. It is not necessary to nominate a name for your company you can simply use the ACN.

7. Can I change the name of my company? (Back to Top)
If you have already incorporated your company you are still able to change the name of your company as long as the proposed name is available. A change of name does not change the ACN of your company.

8. How many directors are required to form a company? (Back to Top)
For a proprietary company, a minimum of one. There is no maximum number. At least one of the directors must ordinarily reside in Australia.

For a public company, a minimum of three. There is no maximum number. At least two of the directors must ordinarily reside in Australia.

9. How many shareholders are required to form a company? (Back to Top)
For a proprietary company, a minimum of one and a maximum of fifty. Shareholders can be either individuals or other companies.

For a public company, a minimum of one. There is no maximum number. Shareholders can be either individuals or other companies.

10. Can another director be appointed at a later date? (Back to Top)
Additional directors may be appointed at any time. A Form 484 must be lodged with ASIC within 28 days of appointment.

11. Do I have to have a company secretary? (Back to Top)
If the company is a proprietary company - There is no requirement that a company secretary be appointed. However if one or more company secretaries are appointed at least one of them must ordinarily reside in Australia.

If the company is a public company - At least one company secretary must be appointed and at least one of them must ordinarily reside in Australia.

A company secretary is an officer of the company and has specific duties under the Corporations Act such as ensuring that the company:

• notifies ASIC of changes to details of officeholders
• notifies ASIC of changes to details of shareholders
• pays its annual review fee on time
  

12. What is a corporate register? (Back to Top)
A Corporate Register is a binder or folder that may be bound or loose-leaf and holds all your official company documents such as the certificate of incorporation, the share certificates, the minutes, the consents, the constitution, copies of ASIC forms, journals and the registers.

13. After I receive my company register from you, what do I have to do? (Back to Top)
The company register will come with instructions. In summary you must arrange for:

(a) the signing of the consents to be a director
(b) the signing of the consents to be a secretary (if applicable)
(c) the signing of the consents to be a member
(d) the posting or faxing to us copies of the signed consents

14. What is a Registered Office? (Back to Top)
A company must have a registered office in Australia. A post office box cannot be the registered office. The purpose of the registered office is to have a place where all official communications and notices to the company may be sent.

If the company does not occupy the premises where the registered office is located the occupier of these premises must agree in writing to having the company's registered office located there.

The corporate register should be kept at the registered office or the principal place of business of the company.

15. What is a Principal Place of business address? (Back to Top)
The principal place of business is the address where the company is carrying on business. It can be the same address as the registered office.

16. What is a common seal? (Back to Top)
A common seal is a rubber stamp or an adhesive paper seal used to execute company documents. Since 1st July, 1998 the use of a common seal is optional. Whether or not the company has a common seal is reflected in the first directors minute.

17. Do I have to have a common seal? (Back to Top)
No.

18. What are replaceable rules? (Back to Top)
Replaceable Rules are the rules by which the company is administered. They were introduced on 1 July 1998 and are set out in the Corporations Act. If the government amends the Replaceable Rules as set out in the Act then the company automatically adopts these changes. Theoretically, this sounds great, however the practicalities of obtaining a hard copy of these rules for perusal diminish with each amendment. In addition the directors of the company must keep abreast of the amendments from time to time.

19. What is a constitution? (Back to Top)
A constitution is a set of rules that govern the running of a company. Prior to 1 July 1998 the constitution was referred to as the "Memorandum and Articles of Association". The constitution we provide to our clients has been prepared by one of Sydney's recognised Corporate Solicitors and is regularly reviewed to ensure that the rules are up to date and easy to understand.

20. How long will it take to get an ACN? (Back to Top)
If the proposed name of the Company is acceptable to ASIC as an appropriate name for registration, the ACN will become available in a few minutes.

If the name chosen is an unusual word (not appearing in the Macquarie dictionary or not a name which contains words already known to the ASIC data base) then registration may be delayed for up to an hour while the application is manually reviewed by a staff member at ASIC.

An ACN may also be delayed if the company name is a public company, or the chosen name is identical to a registered business name or the chosen name has been reserved. This usually requires additional ASIC intervention.

21. What is an ABN? (Back to Top)
The Australian Business Number (ABN) is a number allocated to businesses by the Australian Taxation Office (ATO) and is used for all dealings the company has with the ATO. The company must place its ABN on all tax invoices.

22. How do I get an ABN? (Back to Top)
You can apply for your ABN through the ATO. You can ring the Tax Reform Info line on 13 24 78 or visit their website at www.business.gov.au

For other useful links click here.

23. What do I need to open a bank account for my company? (Back to Top)
To open a bank account you will be required to provide the bank with a copy of the certificate of incorporation showing the ACN, and sometimes a copy of the constitution.

24. What happens if I make a mistake on any ASIC form? (Back to Top)
Give us a call 02 9261 2100, and we will assist you!

25. What is an Annual Review? (Back to Top)
A few weeks prior to the anniversary of the incorporation of your company you will receive from ASIC an extract of particulars (company statement) showing the current details of your company as they appear on the ASIC database. The purpose of this is for you to check that your company details are correct. If they are different to those on the ASIC database you must let ASIC know. You must disclose to ASIC all company changes as and when they occur (within 28 days to avoid a penalty) via the preparation and lodgement of the appropriate ASIC form. If you become one of our outsourcing clients we will manage the entire annual review process for you including the creation and lodgement of any necessary documents to notify ASIC of any changes to your company.

26. When do I have to lodge an Annual Review? (Back to Top)
You do not lodge an annual review. Provided the company statement ASIC sends you is correct you only need to pay the review fee. The review fee is due within 60 days of the review date (ie the anniversary of the incorporation of your company). We can assist you in this regard.

Please click here for a full list of our company secretarial services.

27. Can I deregister my company? (Back to Top)
You can deregister your company providing that all ASIC review fees are paid, all other ASIC fees are paid and registered charges are satisfied. Please contact us for more information.

28. What is a domain name? (Back to Top)
A domain name is your address on the Internet. Like any address, it is important for the success of your business that your customers can find you easily. Your domain name is your online-identity and brand.

29. What is a business name? (Back to Top)
A business name is registered through the Office of Fair Trading or its equivalent in other States. Business names are State based therefore you must apply for your business name in every State in which you do business.

Registration of a business name does not create a legal entity and has no legal status.

To register your business name click here

30. What is a Unit Trust? (Back to Top)
A Unit Trust is a trust which has unit holders whose entitlements to distribution of trust income and/or capital are fixed in proportion to the units they hold in that trust. For more information click here.

31. What is a Superannuation Fund? (Back to Top)
A Superannuation Fund is a fund which establishes an old age pension or a lump-sum payment upon the retirement or leading up to the retirement of its members. It is a form of trust fund and may either be a Self Managed Superannuation Fund or an APRA Administered Superannuation Fund. For more information click here.

32. What is a Discretionary Trust? (Back to Top)
A Discretionary Trust is a trust whose income is distributed to beneficiaries at the total discretion of the trustee. Most family trusts are discretionary trusts. For more information click here.

33. Should the Company adopt a new constitution? (Back to Top)
If your proprietary company was incorporated prior to the 11th December, 1995 your company's constitution will not provide for the following:

• a minimum of one Director
  
• a minimum of one Member
  
• an exemption from preparing Financials
  
• an exemption from holding an Annual General Meeting
  
• the option of adopting a common seal
  

34. To learn more about your company and the law click here (Back to Top)