So, I’m ‘carrying out business’. Ok now what? If you addressed yes to both questions, you must decide if you should incorporate or to register a branch or representative office. For people who aren’t certain of the differences, an incorporated subsidiary has its own third party legal status, whilst an office has a regional agent who connotes the foreign company. That representative is individually accountable for the actions of the company within Australia.



There are several benefits to this: you no longer need a local director and secretary (as all integrated entities do in Australia), plus there can be taxation benefits. To register so, you need to accomplish the following steps: 1. Check your name. Like with incorporation, you should guarantee your company’s name is available. ASIC will not enable a name to be signed up if it is deceptive (e.g. as to the company’s activities), uses certain words (for example ‘university’), has already been registered to another company, or is unlawful. 2. Reserve your name. This step is non-obligatory, but reservation charges only AU$41 (as of 2011) and covers the preferred name from that point forward.



Otherwise, you could move through the process, only to discover you have been pipped to the post. You need ASIC Form 410 to finish this step. 3. Fill out ASIC Form 402. It is the Application for Registration. It is the point you must have all the facts present for example the facts of the directors of the company and of the regional representative and of the authorized office. It’s not necessary to have your personal office, but if not, you need to have approval from the owner for you to make use of that address. 4. Set up the essential paperwork. Before you send off Form 402, you have to ensure all the mandatory documents are contained.



This is: A memorandum of appointment of, and power of attorney for, the local representative; A certificate of registration or incorporation (or a similar document) that verifies the overseas company happens to be signed up in its place of corporation; An authorized copy of the company’s constitutions, bylaws or comparable; If a director is resident in Australia, a memorandum stating the powers of those directors; A notice of any costs on company property held in Australia; and A certified translation of any document not in English. 5. Send the application. Once you’ve completed all the paperwork, send the application, together with the appropriate fee (currently AUD$426) to ASIC. They will issue a Certificate of Registration of a Foreign Company and give your company an Australian Signed up Body Number (ARBN).



Other Requirements and Considerations: There are a few aspects you need to think about before proceeding in a overseas country: Have you chosen the correct market entry mode? Have you considered risk mitigation issues? What is your exit strategy? We also emphasise you need to consider registering all intellectual property rights or assets owned by your business before engaging in trade in the overseas market. If you are planning an international business expansion or to engage in international trade, do you have a realistic budget to achieve your international business goals? To obtain further information on international business development strategies, please view our business planning and business consulting services in our Inveiss Business website.


If you want to be a foreign company in Australia then you need legal assistance. Entitle your foreign company in Australia with ease using Inveiss.



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