Our service area: Australia foreign Formation of a company/ Pty limited Formation of a company in Australia, Melbourne, Sydney
Note: We provide Formation of a company service in Australia for foreigner, only.
A Pty limited foreign Formation of a company in Australia, Melbourne, Sydney can operate either with a permanent structure or a temporary one in one of the following ways;
The Formation of procedures of a foreign limited liability company [LLC] or a Branch are same. The Formation of the foreign company or branch with the ASIC [Australian Securities and Investment Commission] as follows;
Reserving a company name
First the company is required to apply to reserve a name filling the Form 410 in case the foreign company wants to become an Australian LLC. In case the company intends to be registered as a foreign company it has to check its name whether available or not in Australia to register this requiring are some hours but no cost. Once a name is approved, it can be retained for as maximum as two months. Thereafter, the name reserved is required to be re-validated. There is a provision for changing the company name. A fee of AUD 395 will be charged for the same. If the name proposed not available with ASIC to reserve, the application will be rejected and a request to refund of the application fee can be made.
Applying for Formation with ASIC Form 201
The application for Formation of a company in Australia, Melbourne, Sydney as LLC or Branch is to be submitted to ASIC through the completed Form 201. A fee for AUD479 filling is required to pay in this connection. Once the Formation is done the Australian Securities and Investment commission will provide the applicant company with the Certificate of Formation. Together with the Certificate of Formation a 9 digit Australian Company Number [ACN] will be assigned to the registered foreign LLC and a 9 digit Australian Registered Business Number [ARBN] to the Branch. Following are the documents required by ASIC along with the application [Form 201] to furnish with notarization:
Registering for Australian Registered Body Number [ABN] with the Australian Taxation Office [ATO]
The Formation for the Australian Business Number with Australian Taxation Office is mandatory for foreign Limited Liability companies whose yearly turn-over is AUD75, 000 or more, in line with the provisions of Income tax Assessment Act and the Goods & Services Tax [GST] of 1999. Well, the taxation requirements of companies may vary with the business types of the companies and their locations.
The application for the Formation for Australian Business Number can too be done online at the Business Entry Point by logging on. In case the online Formation is successful, the applicant-company will be provided with an ABN following the end of the Internet session. If the application is submitted manually or in person, Australian Taxation Office will send the ABN thru mail in about 28 days of filling the application.
The processing would take less than a day [if applied online] but no charge.
Signing up for Worker Compensation Insurance at an insurance company
This is a statutory formality for the companies who have employees under payroll in line with the provisions of the Workers’ Compensation Act of 1987 and the Workplace Injury Management and Workers Compensation Act of 1998. In Australia, the workers compensation insurance is compulsory for employers. The premium of the insurance depends on the types of business of the companies regulating risk factors.
This processing would require 1 working day and no charge.
Once a company is registered, the office bearer of the company must ensure that;
Annual Accounts
A registered foreign company and the branch as well must file its annual accounts [for the operations worldwide, not just the Australian operation] in the prescribed manner with the ASIC.
Applicable Income Tax Rate for foreign LLC or branches
The rate is as same as applicable to a Limited Liability Company. Currently in Australia, all companies are subject to pay taxes on their taxable incomes at a federal tax rate of 30%.
Representative Office
In case a foreign company plans to maintain its presence in the Australia in a limited manner, it can so do by establishing a representative. A Representative or liaison office is simply keeping its presence to bridging the Australian clients with its parent company. In no way, it is allowed to do any business or sign contracts that generate revenues. It can be operated by a single person.
The mandatory provisions to be followed by a Branch or Representative Office
Once the foreign company branch office is registered, a unique nine digit [9] ARB number [Australian Registered Business Number] will be assigned. This ARBN must appear on all the public documents of the branch.
The branch, as well as the Representative office must have the Company name outside of office and place of business and keep it open to the public. If the parent company of the branch or the Representative office is not a bank or any financial institution that collects deposits, must also show the country of origin of the foreign company branch or office.
Branch Office Open in Australia
Following supporting papers are required for branch office open in Australia: