Overview
A Foreign Company is an existing company formed in another country, which can be registered in Australia. This allows them to carry on business in Australia.
A foreign company can register directly with the Australian Securities and Investments Commission (ASIC) without being incorporated into Australia. This is not a separate legal entity from the parent company.
To register a Foreign Company in Australia, you will need to:
- Have a Registered Office Address in Australia
- Appoint a Local Agent to represent the company to make sure it complies with its legislative requirements in Australia
- Register Foreign Company to lodge an annual return (including a copy of its balance sheet, profit and loss, and cash flow statements) with ASIC every year
- Notify ASIC of any changes in the company (such as changes in officeholders and registered office address) within the required ASIC-specified timeline.
For businesses choosing to register as a foreign company, Patricia Holdings provides essential services to navigate the process. These are:
- Assistance with ASIC form completion and submission
- Local agent service to meet regulatory requirements
- Provision of a registered office address in Australia
- Support for ongoing ASIC reporting and compliance
Our expertise ensures that foreign companies can efficiently establish and maintain their presence in Australia, meeting all legal obligations while focusing on their core business operations.
Please read our latest case study, in which we helped a Canadian company register and operate its business in Australia.
Pricing
How much do these services cost?
- Register of Foreign Company with ASIC: From AUD$450+GST, plus ASIC fee of AUD$597
- Registered office in Sydney, Australia: From AUD$300+GST per year for each entity
- Local Agent Service: From AUD$2,500+GST for the first year (including setup), then AUD$1,900+GST each year thereafter, plus optional cost for planning and managing local boarding meetings (price TBA)
Ready to start? Download and fill out Order Form – Registration of Foreign Company and Local Agent Service.
What to Know
A Foreign Company is an existing company formed in another country that can be registered in Australia. This allows them to carry on business in Australia.
To register an entity as a foreign company, complete Form 402 Application for registration as a foreign company. You need to provide general information about the proposed company and how it will be run. You will also need to provide the following documents:
- A current certified copy of the entity’s certificate of incorporation or registration:
The certificate (or similar document) must have been issued by the governing authority in the place of incorporation that exercises similar functions to ASIC (‘ASIC equivalent’). The copy must:
- be certified as a true copy by the ASIC equivalent.
- be dated no more than three months before ASIC receives it unless they allow a longer period.
If a certified copy of a certificate of incorporation or registration cannot be obtained, ASIC will also accept a certified copy (in accordance with the requirements above) of the following:
- a certificate of good standing
- a certificate of status
- a certificate of legal existence, or
- a certificate of current standing.
- A current certified copy of the entity’s constitution.
The copy of the constitution must include all amendments that have affected the constitution to the date it is received by ASIC. The copy must be certified as a true copy no more than three months before it is lodged with ASIC by:
- the ASIC equivalents.
- a notary public, or
- a duly witnessed affidavit that is sworn in accordance with the legal requirements of the jurisdiction where it is made. If the affidavit is sworn in Australia, it must be made by a director or secretary of the entity.
If the entity does not have a constitution or is bound by some other means of governance, you must provide a written statement to that effect and, if possible, describe the legislation that governs the entity’s administration. This statement must be signed by an officeholder of the entity and have an original signature.
- A memorandum of appointment of the local agent or power of attorney in favour of the local agent.
Form 418 Memorandum of Appointment of local agent may be used for this purpose. The memorandum or power of attorney must be executed by, or on behalf of, the entity. It must state the name, address and appointment date of the local agent who is:
- an individual or an Australian company
- resident in Australia
- authorised to accept, on behalf of the foreign company, service of process and notices.
- A memorandum stating the powers of certain directors.
If the list of directors on Form 402 includes directors who are residents in Australia and members of a local board of directors, you must lodge a memorandum that outlines their powers.
Foreign company directors are required by law to apply for a director identification number (director ID) if they do not already have one.
