Registering a Foreign Company in Australia
Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.
In doing so, foreign companies may have registration requirements and ongoing reporting and compliance obligations within Australia.
Registration requirements arise once a foreign company ‘carries on business’ in Australia. What constitutes ‘carrying on business’ is not defined and is usually a threshold question to obtain advice on.
The most common ways to operate a business within Australian include:
establishing a separate legal entity in Australia as a subsidiary of an overseas entity; or
registering as a foreign company with Australian Securities and Investment Commission (ASIC).
This article discusses the steps to register as a foreign company.
How do I register?
Step 1: Check if your company name is available
Your unique company name must be available to register, given no two companies can have the same name. Company name availability can be ascertained by using the free company name search on ASIC’s website.
If you are not ready to register you can reserve a name.
Step 2: Apply for registration
The company must apply to ASIC for registration as a foreign company using form 402. The following information is required to accompany the application:
General information about the company and how it will run;
A current certified copy of your certification of incorporation or registration;
A certified copy of the company’s current constitution including all amendments;
A memorandum of appointment of a local agent or power or attorney in favour of the local agent; and
A memorandum stating the powers of certain directors.
Step 3: Compete your director ID
Company directors in Australia are legally required to hold a director identification number (DIN). Directors living outside Australia will need to submit an electronic form to the Australia Business Registry Services (ABRS). Directors living within Australia, that don’t already have a DIN can apply using the mygov website. The DIN application includes the director’s personal information and must be supported by identification documents.
Step 4: Receipt of Registration
Once the application has been approved by ASIC, the foreign company will receive its unique Australian Registered Body Number (ARBN).
If you have any questions regarding the above information or need assistance with registering a foreign company in Australia, please contact:
Paul Gray
Principal
T 03 5225 5231 | M 0414 195 886
E pgray@ha.legal
Hugo Le Clerc
Associate
T 03 5225 5213
E hleclerc@ha.legal
Maddi Batchelor
Graduate Lawyer
T: 03 5225 5214
E: mbatchelor@ha.legal
