Foreign business registration options in Australia

Foreign investors can set up a company in Australia from overseas. In fact, ABN Australia has helped many international businesses establish Australian companies without their directors or shareholders ever needing to visit Australia. 

Your foreign company can legally operate in Australia, but the registration requirements depend on the nature and scale of your activities. If your business intends to generate revenue, employ staff, enter into contracts, maintain a physical presence, or conduct ongoing commercial activities in Australia, you will generally need to establish an appropriate legal structure and complete the necessary registrations.

What are the business registration options for overseas businesses?

The three most common pathways are:

• Establishing an Australian subsidiary company

• Registering a foreign company branch

• Operating through a representative office 

The appropriate option depends on your business objectives, risk profile, tax considerations, and long-term plans. Below is a quick table of comparison followed by a detailed explanation of each pathway: 

*Subject to the nature and extent of activities undertaken in Australia. 

Option 1: Establish an Australian subsidiary company

For most international businesses, establishing an Australian proprietary limited company (Pty Ltd) is the preferred structure. This involves incorporating a separate legal entity in Australia that can be wholly owned by your overseas parent company. 

Once registered, your company receives:

• An Australian Company Number (ACN)

• A Certificate of Registration from ASIC

• The ability to obtain Australian tax registrations 

A subsidiary structure is often attractive because it:

• Creates a separate legal entity from your foreign parent

• Provides limited liability protection

• Enhances credibility with Australian customers and suppliers

• Supports local hiring and commercial operations

• Creates a scalable foundation for long-term growth

Option 2: Register a foreign company branch

Instead of creating a separate Australian company, your foreign business may choose to register your existing entity as a branch in Australia. Under this structure, your overseas company is registered with ASIC and receives an Australian Registered Body Number (ARBN). 

Unlike a subsidiary, a branch is not a separate legal entity. Your foreign company remains directly responsible for the branch's activities, liabilities, and compliance obligations. A branch structure may be suitable where:

• Operations are closely managed from overseas

• The foreign company wishes to trade directly in Australia

• A separate Australian company is not required 

Branch registration is a common form of non-resident company registration for larger international organisations. 

Option 3: Representative office

Some foreign businesses initially enter Australia without establishing a company or registering a branch.

This may be appropriate where activities are limited to:

• Market research

• Business development meetings

• Industry networking

• Preliminary commercial exploration 

In these circumstances, formal ASIC registration may not be required. Even where ASIC registration is not necessary, there may still be Australian tax and reporting obligations that need to be addressed for this type of business structure. 

You should, however, regularly assess your activities. While a representative office can be a useful way to test the Australian market before establishing a formal business presence, registration obligations may still arise depending on the activities being undertaken. Businesses that intend to trade with Australian customers, source products or services locally, import goods, maintain a .com.au domain name, or engage with government bodies will often require an Australian Business Number (ABN). 

Issued by the Australian Taxation Office (ATO), an ABN serves as the primary business identifier for organisations operating in Australia. It is commonly used across commercial and administrative activities and may appear on documents such as invoices, agreements, and shipping records. In many cases, securing an ABN is one of the first compliance steps a foreign business will need to complete before obtaining additional Australian registrations. 

How ABN Australia can help

Establishing a business in Australia involves more than simply selecting the right structure. Whether you are setting up an Australian subsidiary, registering a foreign company branch, or assessing whether a representative office is appropriate, ABN Australia can guide you through the entire process and help you navigate the legal, tax, and regulatory requirements involved. 

We have helped overseas businesses successfully establish and grow their presence in Australia without the need for directors or shareholders to visit the country. From company formation and ABN and GST registrations to resident director services, local agent services, and ongoing tax, accounting, and compliance support, our experienced team can help simplify your Australian expansion journey. 

Speak with one of our experts to discuss your Australian expansion plans.

Last updated: 18th June 2026

About the Author

Ro Elvinia is ABN Australia's Customer Success and Marketing Manager. She holds a bachelor’s degree in mass communication, majoring in journalism, and also has an academic background in civil engineering. With over a decade of experience in professional writing and a background spanning journalism, Australian immigration, and business services, Ro brings a unique mix of communication and analytical expertise. She works closely with international clients and contributes to ABN Australia's content strategy, helping global businesses stay informed and confident as they navigate the Australian market.