Under the Corporations Act 2001, a foreign-owned Australian company must have a registered office address in Australia. This requirement applies regardless of whether the company's shareholders are based in Australia or overseas. Understanding what qualifies as a registered office and how it can be arranged can help you meet your Australian corporate requirements from the outset.
What is a registered office address?
A registered office is the official Australian address of a company for receiving formal correspondence and documents. It is recorded with the Australian Securities and Investments Commission (ASIC). The address can be used for receiving ASIC correspondence, legal notices and other official documents relating to the foreign-owned company.
ASIC requires the registered office to be a physical street address in Australia. A PO Box cannot be used for this purpose. If the company does not occupy the premises, the occupier must consent in writing to the address being used as the registered office.
The registered office should also be distinguished from the company's principal place of business, which is the location where the company primarily conducts its activities. These addresses can be different.
Does the registered office need to be a physical business office?
A company does not need to lease or own a dedicated commercial office simply to have a registered office. The key requirement is that the address is a suitable physical location in Australia.
This can be particularly useful for foreign-owned companies that:
manage their Australian operations from overseas;
have not yet established Australian premises;
operate remotely; or
are entering the Australian market without a local office.
The registered office should therefore be viewed as the company's official address for corporate purposes, rather than necessarily its day-to-day workplace.
Can a foreign-owned company use a third-party address?
A foreign-owned Australian company can use an address provided by a third party, provided the arrangement satisfies ASIC's requirements. This may include premises provided by an accountant, solicitor or corporate services provider. Where the company does not occupy the premises, the occupier's written consent is required.
For an overseas business, using a third-party registered office can provide a practical Australian point of contact without requiring the company to establish its own premises immediately. However, as foreign business owners, you should consider more than whether the address can be listed with ASIC. You should also understand:
who will receive correspondence;
how important documents will be communicated to the company;
how quickly documents will be forwarded to overseas directors; and
what happens if the service arrangement ends.
You must also keep ASIC informed if your registered office changes. ASIC generally requires companies to notify it of a change within 28 days. A registered office also does not determine a company's tax residency or whether it has a permanent establishment in Australia. Those matters depend on the company's circumstances and activities.
How ABN Australia can help
For foreign businesses establishing an Australian company, arranging a suitable local address can be one of the practical requirements to resolve before commencing operations. ABN Australia provides registered office address services for overseas businesses that need an Australian address for their corporate requirements. Our service can provide a local address for receiving company correspondence, helping overseas owners maintain an Australian point of contact without establishing their own office.
Our team can also assist with other aspects of maintaining an Australian company, including ASIC compliance and corporate secretarial services, depending on your requirements.
If you are managing an Australian company from overseas and need a registered office address, contact ABN Australia to discuss how we can support your Australian business operations.
Ro Elvinia
Customer Success and Marketing Manager