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Company Formation

Understand what it takes to form a company in Australia, from setup and roles to the essentials for a smooth launch.

What is Australian company incorporation?

Incorporation in Australia is the process of registering a proprietary limited (Pty Ltd) company with ASIC. Once registered, the company is issued an Australian Company Number (ACN) and becomes a separate legal entity, meaning it can own assets, enter contracts, and is legally distinct from its owners.

Who can be a director of an Australian company?

A director must be at least 18 years old and not disqualified from managing companies under the Corporations Act. A proprietary (Pty Ltd) company must have at least one director who ordinarily resides in Australia.

I live overseas; how do I meet the "Resident Director" requirement for an Australian company?

If you are not an Australian resident, you must appoint at least one director who ordinarily resides in Australia to meet legal requirements. Sleek can provide a local resident director to help you meet this requirement and stay compliant.

Does a "Nominee" Resident Director have the same legal liabilities as a founding Director?

Yes. A nominee or resident director has the same legal duties and liabilities under the Corporations Act as any other director, including responsibilities for compliance, solvency, and acting in the best interests of the company.

Do I need to register my company's "Principal Place of Business" if I am a 100% remote team?

Yes. You must provide a principal place of business address when registering a company, even if your team is fully remote. This address is recorded with ASIC and must be kept up to date.

Can I be the only director and shareholder of my company?

Yes. A proprietary company can have a single director and a single shareholder, provided at least one director is ordinarily resident in Australia.

How should I structure ownership when starting a company with a partner?

Ownership is structured through shareholdings. You and your partner can hold shares in agreed proportions, but it is important to document rights, responsibilities, and exit terms through a shareholders agreement.

How do I pay myself from a company once it’s set up?

You can pay yourself as an employee through salary and wages (subject to PAYG withholding and super), or as a shareholder through dividends. The method depends on your role and tax considerations.

What is a director ID and is it mandatory?

A Director ID is a unique identification number that every company director must apply for before being appointed. It is mandatory under Australian law and helps prevent fraudulent or duplicate director identities.

What is a nominee director?

A nominee director is a local resident appointed to meet Australia’s resident director requirement when founders are based overseas. While they do not participate in day-to-day operations, they still hold legal responsibilities under the Corporations Act. Sleek can provide a local nominee director to help you meet compliance requirements.

What is a public officer?

A Public Officer is the company’s official representative for dealing with the Australian Taxation Office (ATO). Every company must appoint one within 3 months of starting business operations, and they must be an Australian resident.

Is a registered office address required?

Yes. Every company must have a physical local address for receiving official correspondence. This address must be a physical location and not a PO Box.

What is a virtual mailroom?

A virtual mailroom is a service that receives your company’s official mail at a registered address and digitises it for online access. Sleek provides a registered office and virtual mailroom service, allowing you to manage your company remotely.

What do your Australian service packages include?

Our packages cover the end-to-end compliance cycle: company registration (ASIC), tax registrations (ABN/TFN/GST), and ongoing accounting support. We also provide a registered office address that includes a virtual mailroom.
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