Company Registration Checklist (Australia)
Corporations Act 2001 (Cth) — ASIC Form 201
Prepared for: applicantName
Email: applicantEmail
Phone: applicantPhone
Date prepared: preparationDate
Proposed company name: proposedCompanyName
Company type: companyType
State / Territory: stateOfRegistration
Financial year end: financialYearEnd
STATUTORY BASIS FOR REGISTRATION
Company registration in Australia is governed by the Corporations Act 2001 (Cth). Section 117 authorises a person to apply to ASIC to register a company by lodging the required information and paying the prescribed fee. The prescribed application is ASIC Form 201 (Application for Registration as an Australian Company). Upon registration, ASIC assigns the company a unique Australian Company Number (ACN) and issues a certificate of registration under section 118 of the Corporations Act.
The key provisions relevant to company registration include:
— Section 117: Application for registration (Form 201)
— Section 118: Certificate of registration
— Section 135: Replaceable rules — apply by default unless a constitution is adopted
— Section 136: Adoption, modification, or repeal of a constitution (requires special resolution)
— Section 137: Replaceable rules and the constitution together constitute the company's internal governance framework
— Section 201A: Director requirements — at least one director ordinarily resident in Australia
— Section 205B: Notification of change of director / secretary details to ASIC within 28 days
STEP 1 — PRE-REGISTRATION: DECISIONS AND PREPARATIONS
1.1 Company name
[ ] Search ASIC's company name register at asic.gov.au to confirm the proposed name 'proposedCompanyName' is available.
[ ] Check IP Australia's trade mark register at ipaustralia.gov.au to ensure the name does not infringe an existing registered trade mark.
[ ] Check that the name does not include a word that requires ministerial consent (e.g. 'bank', 'insurance', 'university', 'trust') — see sections 147-150 of the Corporations Act.
[ ] Check that the domain name (e.g. yourcompanyname.com.au) is available. Register the domain before or immediately after company registration.
1.2 Company type confirmation
[ ] Confirm the appropriate company type: companyType.
[ ] For a Pty Ltd: confirm no more than 50 non-employee shareholders and no public fundraising.
[ ] Obtain legal or accounting advice on whether a company is the most appropriate structure (vs. sole trader, partnership, trust, or another entity).
1.3 Constitution or replaceable rules
Governance approach selected: governanceApproach
[ ] If relying on replaceable rules (ss135-137 Corporations Act): no separate constitution document is required. The default rules in the Corporations Act will govern the company's internal management.
[ ] If adopting a bespoke constitution: prepare the constitution document before or at the time of registration. The constitution must be adopted by special resolution of the members (s136). Consider engaging a solicitor to draft the constitution, particularly if the company will have multiple shareholders or complex governance arrangements.
1.4 Shareholders agreement
[ ] If there are two or more shareholders, consider preparing a shareholders agreement to govern the relationship between shareholders (dividend policy, transfer of shares, deadlock, exit rights, etc.). A shareholders agreement is separate from the constitution and is a private document.
[ ] Agree on initial share structure: initialShareCapital.
1.5 Identification of officers
[ ] Identify all initial directors (numberOfDirectors director(s) proposed). At least one director must ordinarily reside in Australia (s201A Corporations Act).
[ ] Identify all initial shareholders (numberOfShareholders shareholder(s) proposed).
[ ] Determine whether a company secretary will be appointed. Proprietary companies are not required to have a company secretary, but public companies must have at least one (section 204A).
[ ] Collect consent and identity documents for each director: each director must consent in writing to act as a director before being appointed (section 201D). Prepare consent to act as director documents.
STEP 2 — ASIC REGISTRATION: LODGING FORM 201
Registration is completed by lodging ASIC Form 201 (Application for Registration as an Australian Company) via the ASIC Online portal at asic.gov.au, or through a registered ASIC agent (solicitor or accountant).
2.1 Form 201 requirements — information to be provided:
[ ] Proposed company name: proposedCompanyName
[ ] Type of company: companyType
[ ] State / Territory of principal place of business: stateOfRegistration
[ ] Registered office address: registeredOfficeAddress
[ ] Principal place of business: principalPlaceOfBusiness
[ ] Full name, date of birth, and residential address of each director
[ ] Full name and residential address of each shareholder, and the number and class of shares to be issued to each
[ ] Details of the initial share structure and total share capital: initialShareCapital
[ ] Whether the company will adopt a constitution or rely on replaceable rules
2.2 ASIC registration fees:
[ ] Standard registration fee: AUD $576 (online, as at 2025-26 — confirm current fee at asic.gov.au/fees before applying)
[ ] Same-day registration: additional fee applies — check ASIC website
[ ] Payment by credit or debit card via ASIC Online portal
2.3 After registration — ASIC will issue:
[ ] Certificate of registration (section 118 Corporations Act) — retain this document permanently
[ ] Australian Company Number (ACN) — 9-digit identifier, must appear on all company documents
[ ] ASIC online portal access credentials for ongoing company administration
STEP 3 — POST-REGISTRATION: IMMEDIATE REQUIREMENTS
3.1 Tax and regulatory registrations
[ ] Apply for Australian Business Number (ABN): requiresABN — apply at abr.gov.au immediately after receiving ACN.
[ ] Register for GST: requiresGST — register at ato.gov.au if required or elected.
[ ] Register for PAYG withholding and superannuation: requiresPAYG — mandatory if employing staff.
[ ] Register company tax file number (TFN) with ATO — can be done online at ato.gov.au.
[ ] Consider trade mark registration: requiresTrademark — apply at ipaustralia.gov.au.
3.2 Corporate records and governance
[ ] Establish minute book: required by section 251A of the Corporations Act — must record all board and member resolutions within one month.
[ ] Prepare and issue share certificates to each shareholder.
[ ] Maintain register of members (shareholders) — required by section 169 Corporations Act.
[ ] Maintain register of directors and secretaries — required by section 188 Corporations Act.
[ ] Open company bank account — bank will require ACN, certificate of registration, and a board resolution authorising the account and nominating authorised signatories.
[ ] Display company name and ACN on all business documents, correspondence, and public-facing materials (section 153 Corporations Act).
3.3 ASIC annual review fee
[ ] ASIC issues an annual company statement approximately one month before the registration anniversary. The annual review fee must be paid within two months of the review date to avoid late payment penalties. Ensure the registered office contact details are kept up to date so that ASIC correspondence is received.
ADVISERS AND ADDITIONAL NOTES
Solicitor / lawyer: solicitorName
Accountant / tax adviser: accountantName
Additional notes:
additionalNotes
DISCLAIMER
This checklist is a general guide only and does not constitute legal or financial advice. The information is current as at the date of preparation and based on the Corporations Act 2001 (Cth) and ASIC requirements in force at that time. ASIC fees and regulatory requirements change periodically — always check asic.gov.au for the current fees and requirements before lodging Form 201. You should obtain independent legal and accounting advice tailored to your specific circumstances before registering a company.
Prepared by: applicantName
Date: preparationDate
Applicant
________________
Signature
Date: ________________
What Is a Company Registration Checklist (Australia)?
A company registration checklist for Australia is a structured guide that walks founders and entrepreneurs through every step required to incorporate a new proprietary company (Pty Ltd) under the Corporations Act 2001 (Cth). It covers pre-registration decisions, the ASIC Form 201 lodgement process, post-registration tax obligations, and ongoing compliance requirements.
In Australia, company registration is governed by section 117 of the Corporations Act 2001 (Cth) and administered by the Australian Securities and Investments Commission (ASIC). Upon registration, ASIC issues a certificate of registration under section 118 and assigns the company an Australian Company Number (ACN). Registration is typically completed within one business day when lodged online.
The Australia Company Registration Checklist (Australia) checklist covers all key stages: confirming name availability on the ASIC register; choosing between a constitution and replaceable rules (sections 135-137 of the Corporations Act); identifying directors and shareholders; lodging ASIC Form 201 and paying the registration fee; applying for an ABN and other tax registrations after receiving the ACN; establishing corporate records including the minute book (section 251A); and understanding ASIC's ongoing annual review obligations.
The checklist is designed as a working document — founders can use it to track which steps have been completed and identify outstanding matters, making the registration process more organised and less likely to result in overlooked compliance obligations.
The legal framework governing the Company Registration Checklist (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Company Registration Checklist (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.
When Do You Need a Company Registration Checklist (Australia)?
The Australia Company Registration Checklist (Australia) company registration checklist is needed by any person or group of founders who are planning to incorporate a new proprietary company (Pty Ltd) or other company type in Australia. It is particularly useful for first-time company founders who may not be familiar with the ASIC registration process, the distinction between a constitution and replaceable rules, or the post-registration tax and compliance obligations.
The checklist is relevant at the early planning stage — before lodging Form 201 — to confirm that key decisions have been made (company name, company type, governance structure, initial share structure, and director and shareholder appointments). It is also useful as a post-registration compliance tool, reminding founders of the steps that must be completed after receiving the ACN, including ABN registration, GST registration if applicable, opening a bank account, and establishing corporate records.
Founders using this checklist should also consider whether they need complementary documents such as a shareholders agreement (to govern the relationship between founders), a company constitution (if not relying on replaceable rules), consent to act as director forms for each proposed director, and a co-founder agreement to document equity splits, vesting, and intellectual property assignment.
Solicitors and accountants can also use this checklist as a client-facing tool to guide clients through the company formation process and confirm that all necessary steps are completed in the correct sequence.
Parties in Australia should prepare a Company Registration Checklist (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Company Registration Checklist (Australia)
A thorough Australian company registration checklist should address all stages of the incorporation process and post-registration compliance.
The pre-registration stage covers: confirming that the proposed company name is available on ASIC's register and does not conflict with existing trade marks; choosing the appropriate company type (typically Pty Ltd for small businesses); deciding between a constitution and replaceable rules; identifying and obtaining consents from all initial directors; agreeing on the initial share structure and preparing share certificates; and considering whether a shareholders agreement is needed.
The ASIC registration stage covers: completing and lodging ASIC Form 201 with the required information and paying the prescribed registration fee; receiving the certificate of registration and ACN; and setting up the ASIC online portal for ongoing company administration.
The post-registration stage covers: applying for an ABN through the ABR immediately after receiving the ACN; registering for GST if required or elected; registering the company TFN with the ATO; registering for PAYG withholding if employing staff; establishing the minute book and corporate records; issuing share certificates; opening a company bank account; displaying the company name and ACN on all documents as required by section 153 of the Corporations Act; and noting ASIC's annual review date and the obligation to pay the annual review fee.
Finally, the checklist should include a note on the company's ongoing obligations — particularly the requirement to notify ASIC of changes within 28 days, maintain accurate registers, and hold required meetings — to confirm that the company remains in good standing with ASIC after the initial registration is complete.
Additional compliance elements for a Company Registration Checklist (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Company Registration Checklist (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/corporate/company-registration-checklist-australia
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@misc{formslegal-company-registration-checklist-australia,
author = {{Forms Legal}},
title = {Company Registration Checklist (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/corporate/company-registration-checklist-australia}},
note = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}Frequently Asked Questions
Registering a company in Australia is a straightforward process governed by section 117 of the Corporations Act 2001 (Cth) and administered by ASIC. The application is made using ASIC Form 201 (Application for Registration as an Australian Company), which can be completed and lodged online through the ASIC portal at asic.gov.au. The form collects information about the proposed company name, company type, registered office address, directors, and shareholders. As at the 2025-26 financial year, the standard registration fee is $576 (check asic.gov.au for current fees, as they are adjusted annually). ASIC typically processes online applications within one business day. Upon registration, ASIC issues a certificate of registration under section 118 of the Corporations Act and assigns the company a unique nine-digit Australian Company Number (ACN). Many founders engage a solicitor or accountant to lodge Form 201 on their behalf, which adds cost but requires the application is completed correctly.
The Corporations Act 2001 (Cth) provides two methods for governing the internal management of an Australian company. The first method is to rely on the 'replaceable rules' under sections 135 to 137 of the Corporations Act. The replaceable rules are a set of default governance provisions in the Act that automatically apply to all proprietary companies unless the company's constitution modifies or excludes them. They cover matters such as the appointment and removal of directors, calling and conducting meetings, and the payment of dividends. Relying on replaceable rules is simple and cost-effective — no separate document needs to be drafted or adopted. The second method is to adopt a bespoke company constitution under section 136. A constitution is a private document that sets out the specific rules by which the company will be governed. It can customise, supplement, or replace the replaceable rules to suit the particular needs of the company and its shareholders. For companies with multiple founders or investors, a bespoke constitution is strongly recommended, as it allows founders to tailor share transfer restrictions, dividend policies, dispute resolution procedures, and other governance matters to their specific circumstances.
After ASIC registration and receiving the company's ACN, a new Australian company typically needs to obtain several tax and regulatory registrations. The most important is an Australian Business Number (ABN) — an 11-digit identifier required for most business activities, including invoicing, registering for GST, and interacting with the ATO. An ABN is free and can be applied for online at abr.gov.au immediately after ASIC registration. If the company's annual turnover is expected to be $75,000 or more (or $150,000 for non-profit organisations), the company must register for Goods and Services Tax (GST) under the GST Act. GST registration can be completed online through the ATO. A company tax file number (TFN) should also be registered with the ATO. If the company employs staff, it must register for Pay As You Go (PAYG) withholding and comply with the superannuation guarantee obligations — currently 11.5% of ordinary time earnings for the 2024-25 financial year. Companies should also consider whether they need to register any business names (if trading under a name other than the company name) with ASIC.
Under section 201A of the Corporations Act 2001 (Cth), a proprietary company must have at least one director who ordinarily resides in Australia. There is no upper limit on the number of directors a company may have. Each proposed director must provide their written consent to act as a director before being appointed (section 201D) — this consent is documented using a consent to act as director form. Directors must disclose certain personal information to ASIC as part of the Form 201 application, including their full name, date of birth, and residential address. This information is recorded on the ASIC company register, which is publicly accessible. Directors must be at least 18 years of age and must not be disqualified from managing companies under Part 2D.6 of the Corporations Act (which includes persons who are bankrupt, have been convicted of certain offences, or have been disqualified by ASIC or a court). If the company is a proprietary company, it is not required to have a company secretary, but a public company must have at least one company secretary who ordinarily resides in Australia (section 204A).
Australian companies have significant ongoing obligations after registration under the Corporations Act 2001 (Cth) and tax legislation. Key ongoing obligations include: paying ASIC's annual review fee (currently $310 p.a. for a Pty Ltd — check asic.gov.au for current rates) within two months of the annual review date; notifying ASIC of changes to the company's registered office, directors, company secretary, or shareholders within 28 days of the change (section 205B and related provisions); maintaining a minute book and recording all resolutions within one month under section 251A; maintaining a register of members under section 169 and a register of directors under section 188; displaying the company name and ACN on all business documents under section 153; lodging annual tax returns and activity statements with the ATO; meeting the superannuation guarantee obligations for employees each quarter; and (for public companies only) holding an annual general meeting within five months of financial year end under section 250N and lodging financial reports with ASIC under Chapter 2M. Failure to comply with ongoing obligations can result in penalties, loss of good standing with ASIC, and in serious cases, deregistration of the company.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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