TBA & Associates

Setting up a Business Company in Australia

Company Formation Services

TBA is ready to provide comprehensive assistance for:

  • Setting up an Australian limited liability company.
  • Providing your company with a local business address.
  • Offering accounting and taxation support.
  • Facilitating the opening of a corporate bank account if necessary.

You won’t need to personally handle the tasks related to company formation, as TBA will take care of all the necessary company formation in Australia procedures, remotely, on your behalf.

In order to determine the most suitable corporate structure for your business company in Australia, it is crucial for us to have a clear understanding of your business and personal objectives. To this end, we believe it would be beneficial to discuss the various corporate solutions available in Australia. Please do not hesitate to reach out and email us with your intentions related to your company formation in Australia.

A well-structured Australian private limited company serves as an ideal platform for conducting business in Australia and on a global scale. The following information will assist you in assessing whether setting up a company in Australia aligns with your business goals.

Advantages of Incorporating in Australia

An Australian company offers a strong and professional image to customers and suppliers.

There are no minimum capital requirements when forming a company in Australia.

Only one resident director and shareholder are necessary to meet Australian company formation requirements.

Australia permits 100% foreign ownership of companies.

Opening corporate bank accounts worldwide to support Australian company formation is straightforward.

According to a World Bank survey, Australia is ranked as one of the easiest places in the world to conduct business.

The government offers various incentives to investors to promote Australia company formation.

Setting up a Company in Australia
Corporate Structure

Crucial factors to consider when determining whether an Australian company is the right corporate entity for your business include the annual audit requirement for Australian companies and the necessity for at least one director who is ordinarily resident in Australia, as per Section 145(1) of the Australian Companies Act 2001.

Most of our clients opt for TBA to serve as the resident director. In compliance with GST Law, an Australian company must apply for GST, and TBA is ready to assist you with this incorporation.

Types of Corporate Entities in Australia

You have several options, when opening a company in Australia:

  • Proprietary company limited by shares (Pty Ltd)
  • Unlimited proprietary company limited by a share capital (Pty)
  • Public company limited by shares
  • Public company limited by guarantee
  • Unlimited public company with a share capital
  • No liability company (typically for mining and resource firms)

For the majority of small business proprietors, opting for a Pty Ltd company is the most fitting choice. This structure is well-suited for distributing equity ownership, establishing decision-making procedures, and minimizing the operational risk for owners.

Proprietary and Public Companies

An Australian Proprietary Limited (Pty Ltd) Company is one that is limited by shares and restricts the number of members to 50 non-employee members (considering joint shareholders as one person) while excluding employees of the company or its subsidiaries from this count. Proprietary companies usually have strict transferability rules for their shares and cannot offer shares to the general public. All other companies are considered public companies.

Incorporation Procedures in Australia

Completion of corporate structure documents.

Our incorporation team conducts a company name search with the Australian Regulatory Authority, and upon approval, initiates the incorporation process.

Preparation of corporate documents for submission to the Australian incorporating authority, including the Memorandum and Articles of Association, a statutory declaration of compliance, and a notice of the local office address.

TBA receives the Certificate of Incorporation from the Australian Registrar of Companies, which is immediately shared with you.

Submission of additional documents to the Australian Company Registrar, including the notification of the appointment of First Directors and Secretary, the letter of appointment of First Directors, and the consent to act as a Director.

Application for the original Business Incorporation Certificate and payment of government taxes and levies.

Preparation of post-incorporation documents, including minutes of the first meeting, the creation of By-Laws, and issuance of initial Share Certificates. These documents are sent to you for your signature.

Upon receipt of your signed corporate documents, TBA sends a company kit folder to you containing the original corporate documents:

  • Original Certificate of Incorporation.
  • An original bound copy of the Memorandum and Articles of Association.
  • Subscribers’ resolution appointing the first directors.
  • Original share certificates.
  • An original printout of the Company structure from the “Australian Public Register” (APR).

Disclosure of Beneficial Ownership to Authorities

Australian Companies must disclose the ultimate holding company (if any) of an Australian Company upon incorporation and whenever such circumstances change. They must also declare whether shares held by company members are beneficially held.

ACN and ABN Application

To legally operate your business in Australia, you are required to complete the application process for an Australian Company Number (ACN) through ASIC and an Australian Business Number (ABN) through the “Australian Business Register” (ABR). The ACN is a fundamental requirement for obtaining an ABN. The ABN is essential for the official identification of your business within Australia, enabling you to conduct business activities, engage in trade, establish supplier contracts, hire employees, and interact with governmental entities in compliance with the law.

Tax Application

In order to comply with taxation regulations, it is imperative that you apply for a Tax File Number (TFN), Goods and Services Tax (GST), and Pay as You Go (PAYG) with the Australian Taxation Office (ATO). The TFN is a vital component for submitting your tax returns and statements. If your business generates an annual turnover exceeding AU$75,000, it becomes obligatory to apply for GST. Furthermore, applying for PAYG is mandatory if you plan to employ local staff.

Australian Proprietary Limited Company (Pty Ltd)
Key Corporate Features

General
  • Type of company: Proprietary Limited (Pty Ltd) Company.
  • Type of law: Common.
  • Availability of shelf companies: No.
  • Time required to establish a new company: 3 days.
  • Minimum government fees (excluding taxation): AUD 506 for the first year, AUD 273 annually thereafter.
  • Corporate Taxation: Every company is liable to pay a federal tax rate of 30% on their taxable income, with the exception of ‘small or medium-sized business’ enterprises, which are eligible for a reduced tax rate of 25%.
  • Access to double taxation treaties: Yes.
Share Capital or Equivalent
  • Standard currency: AUD.
  • Permitted currencies: AUD.
  • Minimum paid-up capital: Concept not applicable.
  • Usual authorized capital: Concept not applicable.
Directors
  • Minimum number: One.
  • Local director required: One.
  • Publicly accessible director records: Yes.
  • Location of director meetings: Anywhere.
Shareholders
  • Minimum number: One.
  • Publicly accessible shareholder records: Yes.
  • Location of shareholder meetings: Anywhere.
Company Secretary
  • Required: No.
  • Local or qualified: Yes, if appointed.
Accounts
  • Requirement to prepare: Yes.
  • Audit requirements: No, but large or overseas-owned companies may require an audit.
  • Requirement to file accounts: Yes, if an audit is required.
  • Public accessibility of accounts: No, but they are accessible if filed.
Other
  • Requirement to file an annual return: No, an annual review is required.
  • Change in domicile permitted: No.

Our company licensing services

— What we do and do not do

Our company is EXCLUSIVELY engaged in assisting worldwide clients, either individuals or corporate entities, to get duly and properly licensed with local Regulators and Financial Authorities to get respective official licenses to legally carry out their cryptocurrency or financial related business activities.

TBA & Associates Tax Business Advisors does not provide or carry out any sort of Cryptocurrency or Financial services!

Disclaimer: While TBA & Associates strives to make the information on this website as timely and accurate as possible, the information itself is for reference purposes only. You should not substitute the information provided in this article for competent legal advice. Feel free to contact TBA Customer Services for advice on your specific cases.

We help you grow your business across international border and achieve financial efficiency.

We are ready to answer all your questions!