Consider this if…
- You are starting a new business through a proprietary limited company
- You want advice on who should be directors and shareholders
- You are deciding how shares should be divided between family members or business partners
- You need a tailored constitution and a complete company register
- You want the company structure coordinated with your accountant and broader succession plans
How it works
Initial consultation
We learn about your business, your family, your assets and what you want the company to achieve.
Before the structure is settled
Business structure advice
We recommend the directors, shareholders and share split, coordinating with your accountant where tax advice is needed.
Before registration
ASIC registration
We prepare and lodge the company registration with ASIC once the structure and required information are confirmed.
Lodgement timing confirmed with you
Company documents
You sign the establishment documents, we compile the company register and the company is ready to begin trading.
After registration and signing
Fee
Quoted in writing before we start
GST inclusive
The scope, fee and expected timing are confirmed in writing before work begins.
Why register a company?
Asset protection and limited liability
A company is a separate legal entity. It enters contracts, owns assets and incurs debts in its own name. A shareholder's liability is generally limited to the amount invested in the company, unlike a sole trader or general partnership where there is no equivalent separation between the business and its owner.
Limited liability is not absolute. Directors and business owners may still face personal exposure through guarantees, director duties, insolvent trading laws and particular tax or employee obligations. The structure should be considered alongside the risks of the business and the contracts it expects to sign.
Credibility and trust
A proprietary limited company is registered under the Corporations Act 2001 (Cth) and receives its own Australian Company Number. Banks, suppliers, landlords and larger customers may prefer or require the business to operate through a registered company.
Tax-effective structuring
Companies are taxed differently from individuals. Whether a company produces a better outcome depends on its profits, ownership and how money is paid to the people behind it. We coordinate the legal structure with your accountant so that registration documents and tax advice point in the same direction.
Built for growth and succession
A company can issue or transfer shares as ownership changes. That can support investment, employee participation, family succession or a future sale. The constitution, share structure and any shareholder agreement should anticipate how the owners intend to make decisions and what happens when someone leaves.
Company registration checklist
Before we register the company, you will need to settle:
- An available company name, or whether the Australian Company Number will be used as the company name
- At least one director aged 18 or over who ordinarily lives in Australia
- A Director ID for each proposed director, obtained before appointment through Australian Business Registry Services
- At least one shareholder and the number and class of shares each shareholder will hold
- A registered office address in Australia and the company's principal place of business
- Whether the company will adopt a tailored constitution or rely on the replaceable rules in the Corporations Act
- Written consent from each director and any company secretary
What's included in our company registration package
Our company registration package includes:
- ASIC Certificate of Registration and Australian Company Number
- A tailored company constitution drafted by our lawyers
- Director and secretary consents and the company's first minutes
- Share certificates and registers of members and officeholders
- Company documents commonly requested by a bank when opening a business account
- Guidance on the separate ABN, TFN, GST and PAYG registration steps
- Business structure advice about directors, share ownership and whether a family trust or shareholder agreement should form part of the wider set-up
- Guidance on the separate need to search and register the business's trade marks
Where accounting or tax advice is needed, we work with your accountant before the company structure is finalised.
Company registration for family businesses
In a family business, the people who manage the company do not necessarily need to be the same people who hold its shares. Directors control the company's affairs and owe legal duties. Shareholders own the company and may receive dividends. Treating both roles as an automatic 50/50 split can overlook liability, tax, succession and relationship considerations.
These decisions are best made before registration. Changing ownership later may have tax, duty and documentation consequences. We help you consider the legal structure with your accountant and any existing estate-planning or asset-protection arrangements.
Protect the company beyond registration
Registration creates the company, but it does not remove every personal risk. A director or shareholder may still be exposed after signing a personal guarantee, if the company trades while insolvent, or where particular tax and employee obligations remain unpaid.
The company's money must also be kept separate from personal money. Owners may receive funds through properly administered wages, dividends or documented loans, depending on the circumstances and accounting advice. Unrecorded personal withdrawals can create tax consequences, including under Division 7A.
Succession planning matters from the beginning. Shares can form part of a deceased shareholder's estate or a property settlement following separation, while a directorship does not pass under a will. Wills and a shareholder agreement can help address control and ownership if an owner dies, loses capacity or leaves the business.
Ready to register your company?
Tell us who will be involved, what the business will do and whether your accountant has already recommended a structure. We will confirm the registration scope, fee and expected timing in writing before work begins.
Frequently asked questions
Should a husband and wife both be directors and shareholders of the company?
Not necessarily. Directors manage the company and carry legal duties, while shareholders own it and may receive dividends. Those roles can be held by different people. An automatic 50/50 split may not suit every family, particularly where liability, tax, succession or asset-protection considerations differ. We help settle the legal structure before registration and coordinate with your accountant where tax advice is needed.
Can we lose our house if our Pty Ltd company fails?
A company provides genuine separation and limited liability, but the protection has limits. Personal exposure may arise if you give a guarantee, breach director duties, allow insolvent trading, or leave particular employee and tax obligations unpaid. We explain where the legal exposure sits and can review guarantees before they are signed.
Can we use our home address as the registered office, and will it be public?
A home address can be used as the registered office and principal place of business. If the premises are not occupied by the company, the occupier's written consent is required. Address information lodged for the company appears on the public ASIC register. Some home-based businesses instead use an accountant's or lawyer's office with consent, helping ensure official notices are received and acted upon.
How do we pay ourselves from our company?
Money in the company account belongs to the company. Depending on the circumstances and your accountant's advice, owners may receive money as wages, dividends or through a properly documented loan arrangement. Using company funds for personal expenses without correct records can create tax consequences, including under Division 7A.
What happens to a family company if we separate or one of us dies?
Shares are assets that may be dealt with in a property settlement or pass under a will. A directorship does not pass under a will. If a sole director and shareholder dies without an effective succession plan, practical control of the company can be disrupted while the estate is administered. A shareholder agreement and coordinated wills can address ownership, control and exit arrangements before a crisis occurs.
Related services
Tell us about your business, its proposed directors and shareholders, and any advice you have already received from your accountant.
Register your company