FREQUENTLY ASKED QUESTIONS
How is the company established?
Our Pty Ltd companies are generally established with you (or whoever you nominate) as the original directors and shareholders of the company and with your choice of name. We require all officeholders and shareholders to sign consent prior to incorporation of the company. This can be done one of two ways: either each proposed director/secretary/shareholder can complete and sign a consent form and return with the completed order form (this is the quickest way), or alternatively, return just the completed order form and we will prepare and forward consents for signature.
What if I don’t care what the company is called?
We have a list of “Unincorporated Company Names” that have been checked for availability on the ASIC database. Please contact us for the current list to be faxed to you.
I have a registered business name. Can I register a company with the same name?
Yes, you can register a company with the same name as the registered business name provided all the proprietors of the business name are included in the new company as officeholders and/or shareholders and have given written consent beforehand. Please complete and sign the additional “Business Name Consent” form and forward it to our office along with a copy of the Business Name registration certificate with the forms already stated above. Please note that if there is another identical business name registered that you don’t own, then you will be unable to have the company name.
How do I pay?
We accept cash, cheque, direct deposit, electronic funds transfer, Mastercard, Visa and American Express. We also accept part payment on trade for some of our services – please contact our office on (07) 3846 4994 for details. For all non-account holders, payment is required at the time of ordering.
I am an Accountant, do I have to pay up front?
No, we are happy to set up an account for any Solicitor or Accountant in Australia. Contact our office by phone on (07) 3846 4994 or email firstname.lastname@example.org and we will send you the “Authority to Supply” form to arrange this facility.
What is the minimum requirement for a Pty Ltd company?
A Pty Ltd company requires a minimum of one Australian resident director who must be over 18 years of age and one shareholder to hold a minimum of one share. The director and shareholder may be the same person. Appointment of a Secretary is optional.
What is the minimum requirement for a Public company?
A public company must have a minimum of three directors who are over 18 years of age. At least two of the directors must be Australian residents. A secretary (who is over 18 and an Australian resident) must also be appointed. The minimum number of members is one.
What is included with a Pty Ltd company?
The Deluxe company register option is $941. For this you will receive a fully bound company register sent out in a “leather-look” folder which includes the Certificate of Registration, Share Certificates, Consents to Act as Director and/or Secretary, ASIC brochures, copies of ASIC forms lodged, Tax Office brochure, fully typed register (including minutes), five bound copies of the Constitution and a common seal (if required). These are normally sent out within 24 hours by overnight courier or express post. We are happy to send an additional electronic copy of the company register to clients who would like it at no extra cost.
The Electronic company register option is $765. For this you will receive the Certificate of Registration, Constitution, Share Certificates, minutes and register pages and copies of all ASIC forms sent to you as PDF files. This will normally be emailed to you within a few hours.
What is a common seal?
A common seal is a stamp bearing the company name and A.C.N. previously required when executing company documents. Under current legislation a common seal is optional for new companies.
If you have chosen the Electronic Version only option, but still require a common seal the cost is $66. Arrangements can be made by calling our office on 07 3846 4994.
What do you mean by Beneficially held shares?
The terms “Beneficially Held” and “Not Beneficially Held” relate directly to the shareholder. If the shares you hold are “Beneficially Held” this would mean that you personally, as shareholder, would receive all the benefits/entitlements of the shares. If the shares are held in trust for another entity (eg. a family trust) then the shares are “Not Beneficially Held”.