How do I order a company and what is the process?
Through Patricia, you can order your company online, or you can download an order form and email or fax it to us. Online ordering is marginally cheaper than completing a “manual” order form.
To order a company you can follow the links to online ordering.
Click “here” to download a PDF order form for a Standard Pty Ltd Company.
If we have any queries about your order or require any further information we will contact you as soon as possible.
After the company is incorporated the documents are sent out to you by email and/or courier depending on your selection.
How do I fix a mistake in my company registration documents?
If you have made a mistake in your application and your company has been incorporated with incorrect information you will need to contact ASIC directly. If your mistake is immaterial then ASIC may well be willing to correct the error over the phone. More serious mistakes made by you can be fixed by lodging a Form 492 with ASIC. We are unable to lodge this on your behalf but are more than happy to assist you with the process. ASIC require evidence that we made the mistake if they are to accept the Form 492 from us.
And of course, if we make a mistake we will promptly lodge the Form 492 to rectify the error in your company registration.
What type of companies can Patricia Holdings register?
Patricia Holdings can register most company types. We can register and provide compliant documents for the following types of companies:
- Proprietary Limited (Pty Ltd) company
- Superannuation Trustee Pty Ltd company
- Unlisted Public company
- Limited By Guarantee company
- Not-for-profit Pty Ltd company (including as trustee of an Ancillary Fund)
- Home Unit company
How can I find out if the company name I want is available for my company registration?
Before registering the company with Patricia Holdings, you can check the company name availability by searching the ASIC register “here”
Alternatively, you are more than welcome to call or email us, and we can search the name for you.
What information do I need to register a company?
Different company types have different requirements.
At a minimum you’ll need:
- A company name
- State of registration
- A registered office address - a PO Box address is not acceptable
- Principal place of business address- a PO Box address is not acceptable
- Officeholder details (full name, residential address, date & place of birth)
- Members names and addresses (shareholders)
- Number, class and value of shares
For more information, please refer to the COMPANY REGISTRATION CHECKLIST.
What is a Public Officer? Is my Company required to have one?
The Public Officer of a company is the person who deals with the Tax Office in relation to the company's taxation affairs such as record keeping and submitting company returns.
Under the Income Tax Assessment Act 1936 (Cth), Companies are required to appoint a Public Officer within 3 months of the company commencing to carry on a business or derive an income in Australia. If a Company doesn't appoint a Public Officer within that 3 month period, it is guilty of an offence for each day it doesn’t have a Public Officer. Please note that we are unable to appoint the Public Officer on your behalf at the time of incorporation.
We do however provide both a Consent to Act as Public Officer template and a notification letter that you can send to the ATO after incorporation to ensure compliance. Please note however that the Public Officer can only be appointed to a company that has a TFN and/or ABN.
If Patricia Holidings completes the ABN application for your company you will be asked to nominate a Public Officer and and we are able to appoint this person at the time of lodging the ABN/TFN application.
The appointed Public Officer a must be at least 18 years of age, an Australian resident and must understand the nature of their appointment.
Can a Trust be a shareholder?
A Trust can be the beneficial owner but the Trustee of the Trust is the legal owner of the shares and holds the shares on behalf of and for the benefit of the Trust. It is the Trustee who is the shareholder of the company.
What is an Ultimate Holding Company?
An Ultimate Holding Company has overall control of another company. It can have any number of subsidiaries but cannot be a subsidiary itself. It is sometimes referred to as a controlling entity.
An example of an ultimate holding company is seen in the instance of Wesfarmers - both Kmart and Coles are separate subsidiary companies, however they are both owned by Wesfarmers, a global conglomerate that has overall control of several smaller companies.
When a company is incorporated does that give me an ABN (Australian Business Number)?
After the company registration, ASIC supplies the ACN (Australian Company Number) and then you can apply ABN via ATO (Australian Taxation Office) with the A.C.N. provided. It is a separate process.
ABNs are not compulsory. However, there are many good reasons to have one, for example, ABNs help you:
- to deal with the ATO; and
- in dealing with other businesses when supplying goods or services to them or when purchasing goods and services.
You also need an ABN to register for GST. Entities carrying on an enterprise in Australia with a GST turnover of $75,000 must register for GST. More information can be found at ato.gov.au.
Can a foreigner be a director of a company in Australia?
Yes, a foreign person can be a director of a company in Australia, however they cannot be a sole director of an Australian company. Section 201A of the Corporations Act 2001 sets out the minimum number of directors, including the minimum number of Australian directors that a company must have. It states that a private pty ltd company must have at least one director, who must ordinarily reside in Australia. A public company must have at least three directors and at least two directors who ordinarily reside in Australia.
