Registering a company in Australia means incorporating through the Australian Securities and Investments Commission (ASIC) and obtaining the relevant tax registrations through the Australian Taxation Office. The process can be completed online in a matter of days when you have the right information prepared in advance.
How to register a company in Australia: step-by-step guide — 2026 AU guide
Starting a business is an exciting milestone, and choosing to operate as a registered company rather than as a sole trader or partnership brings a distinct legal structure to your venture. A company is a separate legal entity under the Corporations Act 2001, which means it can own property, enter contracts, and incur debts in its own name. This guide walks you through each stage of company registration in Australia so you can approach the process with confidence.
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1. Understand what type of company you need
Before you lodge any paperwork, it pays to understand the main company structures available in Australia. Most small and medium businesses incorporate as a proprietary limited company (Pty Ltd), which limits the liability of shareholders and restricts the public offering of shares. A public company, by contrast, can raise capital from the public but carries more ongoing regulatory obligations.
Within the proprietary company category, you can further choose between a company limited by shares, a company limited by guarantee, or an unlimited company. The vast majority of new registrations are proprietary companies limited by shares, where each shareholder's liability is limited to the unpaid amount on their shares.
If you are unsure which structure suits your circumstances, consult a registered legal practitioner or business adviser before proceeding. The business.gov.au website provides an overview of business structures that is a useful starting point for comparison.
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2. Check your proposed company name
Your company name must be unique and must not be identical or deceptively similar to a name already registered with ASIC. You can search existing company and business names through the ASIC register before you commit to a name.
Keep in mind that a registered company name is not the same as a trade mark. Registering a company name with ASIC does not grant you exclusive rights to use that name as a brand nationally. If protecting your brand is important, speak to an intellectual property professional about separate trade mark registration through IP Australia.
There are also restrictions on certain words. Names suggesting a connection to government, royalty, or regulated industries such as banking may require additional consent before ASIC will accept them. Review ASIC's name availability rules carefully or work with a company registration service to check compliance before lodging.
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3. Appoint directors, a company secretary, and shareholders
Every proprietary company must have at least one director who ordinarily resides in Australia, as required by the Corporations Act 2001. A company secretary is optional for proprietary companies but mandatory for public companies.
You will need to gather certain details for each officeholder and shareholder, including:
- Full legal name and date of birth - Residential address (this becomes part of the public ASIC record for directors) - Consent to act as a director or secretary - The number and class of shares each shareholder will hold
Directors must consent in writing to their appointment before the company is registered. It is important to be accurate here as ASIC's register is a publicly searchable document and errors can be time-consuming to correct later.
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4. Prepare your company constitution (or adopt the replaceable rules)
A company's internal governance can be set by a constitution -- a formal document that overrides default provisions -- or by the replaceable rules contained in the Corporations Act 2001, which automatically apply if no constitution is adopted.
For many simple proprietary companies with a small number of shareholders and directors, the replaceable rules are adequate. However, if your company has multiple shareholders, external investors, or complex shareholding arrangements, a tailored constitution drafted by a lawyer can reduce disputes down the track.
Deciding on governance arrangements early saves significant legal costs later. Your constitution should address issues such as how directors are appointed and removed, how decisions are made, and what happens if a shareholder wants to exit.
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5. Register your company with ASIC
You can register your company directly through ASIC's online portal, ASIC Connect, or through a registered ASIC agent. A number of third-party company registration services also facilitate the process and can be useful if you prefer guided assistance. For a curated list of providers in your area, see our best company registration services in Sydney.
During registration you will need to provide:
- Your proposed company name - The company type and class - Registered office address and principal place of business address - Details of each director, secretary, and shareholder - Details of share structure - Whether you are adopting a constitution or relying on the replaceable rules
ASIC will issue a nine-digit Australian Company Number (ACN) upon successful registration. This number must appear on all public documents and negotiable instruments issued by the company.
ASIC charges a fee for company registration. For current fee schedules, refer directly to ASIC's fees page as fees are updated periodically and should not be relied upon from third-party summaries.
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6. Obtain an ABN, TFN, and other tax registrations
Once your company is registered with ASIC and you have your ACN, your next step is obtaining an Australian Business Number (ABN) through the Australian Business Register (ABR). An ABN is required for invoicing, claiming GST credits, and interacting with government agencies.
Your company will also need its own Tax File Number (TFN), which you can apply for through the Australian Taxation Office. Apply for both the ABN and TFN at the same time where possible to streamline the process.
Depending on your anticipated turnover, you may also need to register for Goods and Services Tax (GST). The ATO website outlines the registration threshold and the circumstances in which registration is compulsory. For specific advice about your tax obligations, consult a registered tax agent.
Other registrations to consider include PAYG withholding if you will employ staff, and fringe benefits tax registration if you intend to provide fringe benefits to employees or their associates.
For a detailed breakdown of costs associated with these steps, see our cost guide.
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7. Meet your ongoing compliance obligations
Registration is just the beginning. Once your company is active, you have continuing obligations under the Corporations Act 2001 and to the ATO. These include:
- Maintaining a registered office and a principal place of business address that is accessible to the public during business hours - Keeping a register of members and officeholders - Lodging an annual review and paying the associated ASIC annual review fee - Keeping financial records that accurately record and explain the company's financial position - Lodging tax returns and activity statements with the ATO as required
Penalties apply for failing to meet these obligations, so it is wise to engage an accountant or registered company agent early. Review our methodology for how we assess compliance support offerings from registration services.
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Frequently asked questions
Q: Can I register a company in Australia if I am not an Australian resident? A: Yes, but at least one director must ordinarily reside in Australia, as required by the Corporations Act 2001. Foreign nationals can be shareholders and additional directors without the residency requirement. Seek legal advice if your situation involves cross-border ownership. Q: How long does company registration take? A: When you apply through ASIC Connect with all required information ready, registration can be processed quickly -- often within one business day. Delays can occur if ASIC requires clarification about a name or if documentation is incomplete. Q: Do I need a lawyer or accountant to register a company? A: It is not legally required, but it is often advisable, particularly if your share structure is complex or you are drafting a constitution. A registered tax agent or accountant can also help you understand your tax obligations from the outset. Q: What is the difference between an ACN and an ABN? A: An ACN (Australian Company Number) is issued by ASIC and identifies your company as a legal entity. An ABN (Australian Business Number) is issued by the ATO and is used for tax and business identification purposes. A registered company can use its ACN as its ABN by adding two additional digits at the front -- consult the ATO for details on this arrangement.---
Sources
- ASIC -- Australian Securities and Investments Commission - Australian Taxation Office - business.gov.au -- Australian Government business information - Corporations Act 2001 -- Federal Register of Legislation - ABR -- Australian Business Register
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Information in this article is general only and not legal or tax advice. Verify the details with the linked sources or an appropriately qualified Australian professional before relying on them.
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