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  • Under Australian law, every company is legally required to have at least one owner, known as a member or shareholder. For corporate governance, privacy and operational efficiency, a shareholder may choose to appoint a nominee shareholder. Understanding the concept of nominee shareholders is crucial for international businesses looking to establish or register a limited company in Australia. In this article, we explore what a nominee shareholder is, how this role differs from that of a beneficial owner, the legal standing of nominee shareholders, the importance of a Declaration of Trust and the benefits of engaging professional nominee shareholder services.

    By Ro Elvinia

  • One of the critical legal requirements for international companies expanding into Australia either as a branch or a subsidiary is appointing a Resident Public Officer. This role, governed by the Income Tax Assessment Act 1936 – a cornerstone piece of Australian legislation that governs the assessment, collection and administration of income tax within the country – ensures that businesses meet their tax and compliance obligations under Australian law.

    By Ro Elvinia

  • For foreign companies looking to establish a branch in Australia (registering as a foreign company), appointing a local agent is a critical step. This is not only a legal requirement under the Corporations Act 2001, the primary piece of legislation governing companies in Australia, but also an essential aspect of ensuring compliance and operational success in the Australian market. A local agent acts as the link between your business and Australian regulatory authorities, helping you navigate complex requirements with ease.

    By Ro Elvinia

  • ASIC Registered Agents play a pivotal role in ensuring companies remain compliant with the Australian Securities and Investments Commission (ASIC), the government agency responsible for regulating financial services, markets and companies in Australia. These agents act as an intermediary between businesses and ASIC, taking on the responsibility of lodging documents, reporting changes and safeguarding compliance with the Corporations Act 2001.

    By Ro Elvinia

  • Australia’s thriving economy and business-friendly environment make it an ideal destination for international expansion. One of the first steps to establish your presence is opening an Australian bank account. Beyond simply managing your financial operations, having a local bank account offers significant benefits that can make your business more competitive, efficient and compliant.

    By Ro Elvinia

  • A branch business is an extension of a foreign company that operates in another country without forming a separate legal entity. It allows the parent company to conduct business directly in the Australian market while maintaining control and responsibility for the branch's liabilities. Establishing a branch in Australia is often an ideal choice for businesses looking to expand their global reach without setting up a subsidiary.

    By Ro Elvinia

  • Australia is an attractive destination for international businesses looking to expand, offering a robust economy, a highly skilled workforce and strong ties to global markets. However, navigating Australia's regulatory landscape is crucial for success. A key requirement for non-resident companies or individuals seeking to operate a business in Australia is registering for an Australian Business Number (ABN).

    By Ro Elvinia

  • Expanding your business to a new market is an exciting opportunity, but it also comes with significant regulatory requirements. For international businesses seeking to operate in Australia, one of the most critical obligations is the appointment of a resident director. This requirement, mandated under the Corporations Act 2001, ensures that companies operating in Australia remain compliant with local laws and maintain accountability.

    By Ro Elvinia

  • A Director Identification Number (DIN), or Director ID, is a unique identifier introduced in Australia to enhance corporate accountability and reduce fraud within companies. For individuals residing outside Australia who are either serving as or considering becoming directors of Australian companies, understanding this system and complying with its requirements is essential. Below, we outline everything you need to know about the Director ID: why it is required, who needs it and how to apply for and manage it effectively.

    By Ro Elvinia

  • Proprietary limited (Pty Ltd) companies are the preferred business structure for foreign companies entering Australia, suitable for private ventures or subsidiaries. They offer limited liability, which limits shareholders' financial risks. With no minimum capital, they provide flexibility for companies of all sizes.

    By Ro Elvinia

  • Setting up a representative office in Australia is a smart way for international businesses to explore the market without committing to a full operation. A representative office provides a local presence to build brand awareness, connect with potential partners and gather market insights—all invaluable for understanding and eventually expanding in Australia. This article outlines the functions of a representative office, the regulations it must comply with, the complexities involved and how ABN Australia's expertise simplifies the process of establishing one.

    By Ro Elvinia

  • When international businesses enter the Australian market, legal and regulatory requirements become complex, especially for those unfamiliar with Australian business law. A process agent service provides an essential legal function that helps overseas companies ensure compliance, address legal challenges and navigate Australia’s legal landscape with ease. In this article, we will explore what a process agent service is, why international businesses require one and how ABN Australia can support companies with this vital service.

    By Ro Elvinia

  • Goods and Services Tax (GST) is a broad-based tax of 10% on most goods, services and other items sold or consumed in Australia. For businesses operating in the country, understanding how and when to register for GST is essential for compliance and effective cash flow management. This article provides a detailed overview of the GST registration process and the benefits available.

    By Ro Elvinia

  • Setting up a company in Australia can be a challenging endeavour, particularly when it comes to understanding local regulations and selecting the right business structure. For foreign businesses looking to establish a presence in Australia, it is essential to explore the various types of legal business entities and understand the benefits and requirements of each to make informed decisions.

    By Ro Elvinia

  • Recently, two directors from Western Australia have been fined $5,000 each by the Perth Magistrates Court for failing to comply with director identification requirements.

    By Richard Chatten

  • If you are deemed to be carrying on a business in Australia, as defined broadly under the Corporations Act, then you are required to register your company with ASIC. Foreign businesses generally have two options when establish their business in Australia, each of which have their pros and cons.

    By Richard Chatten

  • In today’s globalised economy, businesses are constantly seeking to expand their reach and tap into new pools of talent. Australia, with its diverse and highly skilled workforce, has emerged as a prime destination for international companies seeking to access top-notch talent.

    By James Thomas

  • In today’s interconnected world, businesses no longer need to confine themselves to local borders. The global landscape has opened up opportunities to collaborate, trade, and expand like never before. One of the most valuable assets a company can possess is a diverse and globally dispersed team. In this article, we’ll explore the many benefits of having a global team, with a special focus on the contributions of Australian workers.

    By James Thomas

  • There are already significant challenges for any business owner or operator in entering and navigating a new market such as Australia. Failure to maintain accurate or up-to-date bookkeeping records is like trying to win a running race with your shoelaces untied. You are setting yourself up for disaster, and the problem only gets worse the faster you run.

    By James Thomas

  • From 9th November 2023, new Unfair Contract Term laws will be introduced affecting all small business and consumer contracts, including heavy penalties of up to $50 million for businesses that don’t comply.

    By Richard Chatten

  • Australia is an attractive market for many international businesses looking for new opportunities. With a robust economy, stable government and well-educated workforce Australia is an appealing expansion opportunity for many businesses looking to scale.

    By James Thomas

  • Once you have decided you are going to incorporate a company in Australia, you must then decide on the company name.

    By Richard Chatten

  • Operating your business as an incorporated entity such as a proprietary limited (Pty Ltd) company will transform your enterprise into a separate legal entity. This means it has the same rights as a natural person and can incur debt, sue and be sued.

    By Richard Chatten

  • The UK has entered 5 FinTech Bridge agreements with other FinTech hubs including Singapore, South Korea, China, Hong Kong, and Australia. These bespoke agreements create valuable opportunities for the UK by overcoming barriers to international market entry and linking UK-based FinTechs with opportunities for international investment.

    By Aaron Garry