Shelfcom - The Comapny Formation Specialists

Structuring Requirements For Australian Companies

Types of Companies:

There are basically two different types of companies in Australia, a “Public” company and a “Proprietary” company. A public company is one that has its members restricted to 50 non-employee members. Proprietary companies are further divided into classifications of “large” or “small”. Large proprietary companies are those that satisfy any two of the following criteria:

  • Where consolidated and operating revenue exceeds A$25 million
  • Where consolidated and gross assets exceed A$12.5 million
  • Where the company and its controlled entities have 50 or more employees

Small proprietary companies are therefore those that do not meet any two of the three criteria listed and are relieved of certain financial reporting requirements under the Corporations Act and are not required to hold Annual General Meetings. (These concessions reflect the Governments desire to ease the regulatory burden applying to small business)

Registered Office:

Every Australian Company must maintain a Registered Office in Australia.

Minimum Structuring Requirements:

  Public Companies Proprietary Companies
Minimum number of members: 1 1
Maximum number of members: Unlimited

50 non-employee members

Company Secretary: 1 (Must be Australian Resident) Optional (But if one is appointed must be Australian resident)
Minimum Number of Directors: 3 (2 of whom must be Permanent residents of Australia) Optional (Must be Australian Resident but additional Directors do not)

For a Public company or a Proprietary (Pty) company just tick the appropriate box on our order form.

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