There are a number of important considerations for investors when deciding on how to enter the Australian market or when establishing a business in Australia. Investors will generally need to choose between establishing a new company, registering as a foreign company or acquiring an existing company. If establishing a new business, a variety of business structures are available, each with their own regulatory and tax considerations. Businesses may also need to establish their identity through a trademark, online and/or physical presence.
Deciding on a business structure
Australia has a set of common structures that investors can use when establishing a business. The four main types are: sole trader; partnerships; trusts; and companies.
Investors need to consider carefully which structure best suits their business needs. The business structure will determine the licences necessary to operate, as well as tax and legal implications.
Establishing an Australian company
International investors interested in entering the Australian market may wish to establish a new Australian company or establish a new Australian subsidiary which also operates as an Australian company. Australian companies are incorporated businesses that are also distinct legal entities.
Companies in Australia must be registered with the Australian Securities and Investments Commission (ASIC).
Registering as a foreign company
Foreign entities may wish to carry on business in Australia as a foreign company. The Australian Securities and Investments Commission (ASIC) outlines the criteria which define foreign companies and the rights foreign companies hold in Australia. As with Australian companies, foreign companies must be registered with ASIC. ASIC is also responsible for the ongoing regulation of foreign companies.
Obtaining business premises in Australia
The purchase, lease and development of commercial property in Australia are facilitated by state and territory, and local governments. Approvals, assessments (including environmental assessment) and regulatory requirements will differ between jurisdictions.
Listing on the Australian Stock Exchange
Australia has a modern and active stock market, allowing access to the Asia-Pacific region and a time zone providing opportunities for trading on a round-the-clock basis. The primary stock exchange in Australia is the Australian Securities Exchange (ASX). Both Australian and international companies may apply for listing on the ASX. To obtain and maintain an ASX listing, companies need to meet the prescribed requirements set out in the stock exchange listing rules. This includes company disclosure and reporting requirements.
How we can help you
If you are considering forming a business or you need expert help with company registration in Australia, LegalGenius™ is ready to assist you with its skilled team of lawyers, consultants and tax experts. We are committed to making the process as stress-free and streamlined as possible for you, and we will take care of all your document preparation and administrative tasks regarding the registration forms, payment of government fees, local address registration, banking support, etc., whilst always keeping your exact objectives and unique vision in mind throughout the process.
Please use our Company Formation Wizard if you would like to set up your registered company in Australia or if you would like to know the costs involved prior to proceeding with our exceptional services. For other queries and special requests for complex or customised company formation services, please contact us at firstname.lastname@example.org