Business Name Registration Checklist (Australia)

Create an ABN, ACN and GST Registration Checklist for an Australian individual or business entity. This comprehensive checklist guides sole traders, partnerships, companies, and trusts through the process of obtaining an Australian Business Number (ABN) under A New Tax System (Australian Business Number) Act 1999 (Cth), registering a company to obtain an Australian Company Number (ACN) under the Corporations Act 2001 (Cth), and registering for the Goods and Services Tax (GST) under A New Tax System (Goods and Services Tax) Act 1999 (Cth). An ABN is an eleven-digit identifier issued by the Australian Business Register (ABR) that is essential for conducting business in Australia. It is required to issue valid tax invoices, register for GST, register a business name with ASIC, claim fuel tax credits, and interact with the Australian Taxation Office (ATO). Under A New Tax System (Australian Business Number) Act 1999 (Cth), an entity is entitled to an ABN if it is carrying on an enterprise in Australia within the meaning of s 9-20 of the Income Tax Assessment Act 1997 (Cth). Hobbies and activities with no commercial character do not qualify. ABN applications are free and can be lodged online at abr.gov.au, typically processed within 20 business days — though companies often receive their ABN immediately after lodging the application. For companies, the ACN must be obtained before applying for an ABN. The ACN is a nine-digit number issued by ASIC when a company is registered under the Corporations Act 2001 (Cth). It must appear on all company documents, correspondence, and public materials under s 153 of the Corporations Act. Company registration is completed by lodging ASIC Form 201 (Application for Registration as an Australian Company) via the ASIC Connect portal, with a registration fee of AUD $576 as at 2025-26 (subject to change — always confirm current fees at asic.gov.au). GST is a 10% broad-based consumption tax on most supplies of goods, services, and other things in Australia, governed by A New Tax System (Goods and Services Tax) Act 1999 (Cth). Under s 23-5 of the GST Act, registration is mandatory when annual GST turnover reaches or exceeds $75,000 ($150,000 for non-profit bodies). GST registration is also mandatory for providers of taxi and rideshare services regardless of turnover, under s 23-15 of the GST Act. Registered businesses must charge 10% GST on taxable supplies, issue valid tax invoices that include the supplier's ABN, and lodge Business Activity Statements (BAS) with the ATO on a monthly, quarterly, or annual basis depending on the business's size and elections. This checklist also covers PAYG withholding obligations (for businesses that employ staff), superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth) — currently 11.5% of ordinary time earnings for 2024-25 — business name registration with ASIC under the Business Names Registration Act 2011 (Cth), and workers compensation insurance requirements for each state and territory. It is suitable for use by individuals starting a new business, accountants and solicitors advising clients on business registration, and existing businesses reviewing and updating their registrations. Payroll tax is an additional state and territory obligation that applies when an employer's total Australian wages exceed the relevant state's threshold — ranging from approximately AUD $700,000 in some jurisdictions to AUD $1.2 million in others. Each state and territory has its own payroll tax legislation and rate. Unlike PAYG withholding, payroll tax is a cost borne by the employer, not withheld from employee wages. Businesses with employees across multiple states must register and lodge payroll tax returns separately in each state where their wages are taxable. This checklist flags payroll tax as an important consideration for growing businesses, though the specifics of each state's regime are outside the scope of a Commonwealth registration guide.

Registering a new company in Australia is governed by the Corporations Act 2001 (Cth) and administered by the Australian Securities and Investments Commission (ASIC). This checklist guides founders and entrepreneurs through every step of the process — from pre-registration decisions and name availability through to post-registration compliance obligations — covering both the ASIC registration process and the associated tax and regulatory requirements. The legal basis for company registration in Australia is section 117 of the Corporations Act 2001 (Cth), which authorises a person to apply to register a company by lodging the required information with ASIC and paying the prescribed fee. The application is made using ASIC Form 201 (Application for Registration as an Australian Company). Upon registration, ASIC issues a certificate of registration under section 118 and assigns the company a unique nine-digit Australian Company Number (ACN). ASIC typically processes online applications within one business day. The most common company type registered in Australia for small and medium businesses is the proprietary company limited by shares (Pty Ltd). A proprietary company may not have more than 50 non-employee shareholders (section 113), cannot raise funds from the public, and must have at least one director who ordinarily resides in Australia (section 201A). In contrast, a public company (Ltd) can raise public funds, have an unlimited number of shareholders, and is subject to more stringent disclosure and governance requirements. A fundamental decision at the time of registration is whether the company will adopt a bespoke constitution or rely on the 'replaceable rules' in the Corporations Act. Sections 135 to 137 of the Corporations Act establish this framework. The replaceable rules are a set of default governance provisions in the Corporations Act that apply automatically to proprietary companies unless the company adopts a constitution that modifies or excludes them. A bespoke constitution allows founders to customise the rules governing shareholder rights, director powers, dividend policy, dispute resolution, and share transfer restrictions. For companies with multiple founders or investors, a bespoke constitution (and, separately, a shareholders agreement) is strongly recommended. Following ASIC registration, the new company must also register with the Australian Taxation Office (ATO) for an Australian Business Number (ABN) — an 11-digit identifier required for business activities, invoicing, and tax purposes. The ABN application is made through the Australian Business Register (ABR) at abr.gov.au and is free of charge. If the company expects annual turnover of $75,000 or more, it must also register for Goods and Services Tax (GST) under section 23-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Companies that employ staff must register for Pay As You Go (PAYG) withholding with the ATO and comply with the superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth). Once registered, companies must maintain a series of statutory records under the Corporations Act. Section 251A requires the company to maintain a minute book and record all resolutions of directors and members within one month of each meeting. Section 169 requires the company to maintain a register of members (shareholders). Section 188 requires a register of directors and secretaries. All company documents, correspondence, and public-facing materials must display the company's name and ACN under section 153 of the Corporations Act. ASIC charges an annual review fee — currently $310 for a proprietary company and $1,533 for a public company (fees for the 2025-26 year — check asic.gov.au for current rates). The fee is payable within two months of the company's annual review date. Failure to pay the annual review fee results in penalty fees and may ultimately lead to ASIC deregistering the company. This checklist is a practical tool for founders preparing to register a proprietary company in Australia. It covers all key steps from initial name availability checks and governance decisions through to ASIC Form 201 lodgement, post-registration tax registrations, and ongoing compliance obligations. It is designed as a working document that founders can use to track progress through the registration process, noting which steps have been completed and identifying outstanding matters requiring attention.

Create a Company Constitution for an Australian company under the Corporations Act 2001 (Cth) ss 135-141. Covers replaceable rules modification, share issue and transfer restrictions, directors' powers and duties, board and general meeting procedures, dividends (s 254T), officer indemnity (s 199A), document execution (s 127), and winding up provisions. Suitable for proprietary companies (Pty Ltd) and public companies (Ltd) in all Australian states and territories.

Protect your confidential business information under Australian common law with a legally sound Non-Disclosure Agreement (NDA). Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted Australian NDA keeps your sensitive information under strict legal protection. Our template complies with Australian contract law principles and includes provisions addressing the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Create a Board Corporate Governance Policy for an Australian company aligned with the ASX Corporate Governance Council's Corporate Governance Principles and Recommendations (4th edition, 2019) and the director duty provisions in ss 180-184 of the Corporations Act 2001 (Cth). This policy establishes the governance framework for the board of directors, covering board composition and independence, director duties and conduct, board committees, integrity and disclosure policies, and risk management. Corporate governance refers to the systems, policies, and processes by which a company is directed and controlled. Good corporate governance builds investor confidence, reduces the risk of misconduct, and supports long-term value creation. In Australia, the primary governance framework for listed companies is the ASX Corporate Governance Council's Corporate Governance Principles and Recommendations (4th edition, 2019) ('ASX CGC Principles'), which sets out eight principles: laying solid foundations for management and oversight; structuring the board to be effective and add value; instilling a culture of acting lawfully, ethically, and responsibly; safeguarding the integrity of corporate reporting; making timely and balanced disclosure; respecting the rights of security holders; recognising and managing risk; and remunerating fairly and responsibly. Compliance with the ASX CGC Principles is on an 'if not, why not' basis — listed entities are required by ASX Listing Rule 4.10.3 to include a corporate governance statement in their Annual Report disclosing the extent to which they have followed the Recommendations, and explaining any departures from them. Proprietary companies are not subject to the ASX CGC Principles, but many adopt similar frameworks voluntarily as a matter of governance best practice. The director duty provisions in ss 180-184 of the Corporations Act 2001 (Cth) form the statutory backbone of Australian corporate governance. Section 180 imposes a duty of care and diligence, including a business judgment rule (s 180(2)) that protects directors who make good-faith, informed business decisions. Section 181 requires directors to act in good faith in the best interests of the company and for a proper purpose. Sections 182 and 183 prohibit directors from improperly using their position or information obtained as a director to gain an advantage or cause detriment to the company. Section 184 makes dishonest breaches of these duties a criminal offence. Civil penalties for breaches of ss 180-184 can be as high as AUD $1,565,000 per contravention, and courts may also disqualify directors from managing corporations. This policy covers the establishment and terms of reference of board committees — including the Audit and Risk Committee (ASX CGC Recommendation 4.1), the Remuneration Committee (ASX CGC Recommendation 8.1), and the Nomination Committee (ASX CGC Recommendation 2.1). It also addresses the code of conduct, whistleblower protections under Part 9.4AAA of the Corporations Act (as inserted by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth)), continuous disclosure obligations under s 674 of the Corporations Act and ASX Listing Rule 3.1, and the board-level risk management framework under ASX CGC Principle 7. This Corporate Governance Policy template is suitable for ASX-listed companies, unlisted public companies, and large proprietary companies seeking to adopt a comprehensive governance framework. It is designed to be reviewed annually by the board and disclosed publicly in the company's Annual Report and corporate governance statement. The 2024 mandatory climate-related financial disclosure reforms under the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 (Cth) introduce phased requirements for large companies to disclose climate-related risks and opportunities in accordance with the Australian Sustainability Reporting Standards (ASRS) issued by the Australian Accounting Standards Board (AASB). The first tranche of entities — those with consolidated revenue of AUD $500 million or more, or 500 or more employees — must begin mandatory climate disclosures for financial years commencing on or after 1 January 2025. A Corporate Governance Policy for entities in scope should address board oversight of climate-related risks and the integration of sustainability considerations into the company's risk management framework.