ABN, ACN and GST Registration Checklist (Australia)

Create a Business Name Registration Checklist for an Australian business under the Business Names Registration Act 2011 (Cth). This checklist guides individuals and entities through the process of checking availability, registering, renewing, transferring, and cancelling a business name with ASIC. In Australia, a business name is a name under which a person carries on a business. The registration of business names is governed by the Business Names Registration Act 2011 (Cth) (BNRA), which is administered nationally by ASIC. Before the BNRA came into force, business name registration was a state and territory responsibility, resulting in a fragmented national system. Since 28 May 2012, business name registration has been consolidated into a single national register administered by ASIC. Under s 18 of the Business Names Registration Act 2011 (Cth), it is an offence to carry on business under an unregistered business name. The maximum civil penalty for this offence is 50 penalty units (AUD $16,500 as at 2025). However, s 22 of the BNRA provides several exemptions — most importantly, an individual does not need to register a business name if they carry on a business solely under their own name without any additions. For example, if John Smith carries on a plumbing business under the name 'John Smith', registration is not required. But if he carries on business as 'John Smith Plumbing' or 'JS Plumbing Services', registration is required. A business name can only be registered if the applicant holds an active ABN. The ABN links the business name to the holder's identity on the Australian Business Register. Registration is completed online via ASIC Connect at connectonline.asic.gov.au or through the ABR at abr.gov.au. The registration fee is AUD $44 for one year or AUD $102 for three years (as at 2025-26 — fees change annually and should be confirmed at asic.gov.au before applying). Before applying, the applicant must check that the proposed business name is available by searching the ASIC register at asic.gov.au. Under s 26 of the BNRA, ASIC must not register a name that is identical or nearly identical to an existing registered business name, company name, or trade mark — or a name that contains a word or expression listed in the Business Names Registration (Availability of Names) Determination 2012 (Cth) as requiring consent. Restricted words include 'bank', 'banking', 'building society', 'credit union', 'insurance', 'university', 'royal', and similar terms requiring ministerial or regulatory approval. Registering a business name does not give the holder any intellectual property rights in the name. To protect a business name as a brand, the holder must separately apply for a trade mark with IP Australia under the Trade Marks Act 1995 (Cth). Many businesses are unaware of this distinction and mistakenly believe that business name registration provides trade mark protection. A registered business name must be renewed before it expires — ASIC sends renewal reminders to the registered email address approximately one month before expiry. Renewal is available for one or three years. If the name is not renewed within a two-month grace period after expiry, it lapses and becomes available for registration by any other party. Under s 68 of the BNRA, a registered business name can be transferred to a new holder via the ASIC Connect portal — the transfer does not affect the registration period or expiry date. Under s 54 of the BNRA, a business name must be displayed prominently at every place where the business is carried on that is open to the public, and on all business correspondence. This checklist template is suitable for sole traders, partnerships, companies, and trusts registering a new business name, as well as businesses reviewing existing business name registrations for renewal or transfer.

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.

Create a legally sound Partnership Agreement for Australia, governed by the applicable state Partnership Act (NSW Partnership Act 1892, VIC Partnership Act 1958, QLD Partnership Act 1891, and equivalents). Covers partner contributions, profit and loss sharing, management duties, decision-making, ABN and GST registration, admission and retirement of partners, dissolution, and dispute resolution. Suitable for all Australian states and territories.

Create a Company Register Extract for an Australian company under ss 168-172 of the Corporations Act 2001 (Cth). This document consolidates the key information that every registered company is required to maintain in its statutory registers — the register of members (shareholders), the register of directors and secretaries (officeholders), and records of Personal Property Securities Register (PPSR) interests over company assets. Every Australian company, whether a proprietary company (Pty Ltd) or a public company (Ltd), is required by law to maintain statutory registers. Section 168 of the Corporations Act 2001 (Cth) sets out the registers that companies must keep. Section 169 specifies the contents of the register of members, which must record the full name and address of each member, the date each person became and ceased to be a member, the class and number of shares held, and the amount paid and unpaid on those shares. Section 170 grants members and other persons the right to inspect the register of members — members may inspect without charge, and other persons may do so upon payment of a prescribed fee. The register of officeholders must record the full name, date of birth, and residential address of each current and former director and company secretary. Under s 205B of the Corporations Act, any change to an officeholder's details — including a new appointment, resignation, or change of address — must be notified to ASIC within 28 days of the change, using ASIC Form 484. Failure to notify ASIC is an offence. Under s 172 of the Corporations Act, the register of members must be kept at the company's registered office or at another place in Australia approved by ASIC. The register must be available for inspection during business hours. A proprietary company that fails to maintain its registers in accordance with the Corporations Act may face civil penalties and other regulatory consequences. The Personal Property Securities Register (PPSR) — established under the Personal Property Securities Act 2009 (Cth) — is a national, public register of security interests over personal property (assets other than land). When a company grants a security interest to a lender — such as a fixed and floating charge over all of the company's assets — the lender registers the interest on the PPSR. Unregistered security interests may lose priority to other creditors or a liquidator in the event of the company's insolvency. A company register extract should therefore include a search of the PPSR to identify any current registrations over the company's assets. This Company Register Extract template is suitable for use by company secretaries, directors, solicitors, and accountants who need to consolidate a company's register information into a single document — for example, for due diligence purposes in a business sale, for a banking facility review, or for a board governance audit. It covers the registered office address, date of registration, members register summary, total shares on issue, PPSR registrations, current and former officeholders, ASIC notification currency, and an optional section on debenture holders and beneficial ownership. The extract includes a certification section confirming the accuracy of the information as at the extract date, and a disclaimer making clear that this is an internal company record rather than an official ASIC certified search. For official register searches, parties should conduct a current search of the ASIC company register at asic.gov.au.