We collect your personal information for registration purposes only. Unless your company is a bank or other authorised deposit-taking institution, it must also display: You must display your company’s name and ARBN on all public documents. If details about your company, its directors or the local agent change, you must let us know. Depending on your circumstances, as a registered portal user you may be acting on behalf of a number of different entities. any other documents required by law in the company’s place of incorporation. You must be a partner of this partnership in order to proceed. For the correct fee amount, see Information Sheet 30 Fees for commonly lodged documents (INFO 30). Form 402 must be lodged with the applicable fee. The department's ABN is: 69 410 335 356 Table 1 lists changes you can make and the documents you must lodge. A local agent can be appointed by: If Form 418 is executed by a third party on behalf of the foreign company, you must also lodge Form 403, together with a copy of the document that authorises the third party. To activate your account, you will need to print and sign the Participation Agreement and email it to agent.registration@asic.gov.au. How ASIC regulates financial services and products and what to do when you have a problem with your finances. When logging in to the registered liquidator portal, you'll need to follow these steps: 1. a copy of the company’s balance sheet, profit and loss statement, and cash flow statement (all up to the end of the latest financial year). If the name you use to create your account does not match our records, the registration will fail and you will not be able to connect to your licence, registration or entity. Send the completed Form 402 and supporting documents to: Australian Securities and Investments CommissionPO Box 4000Gippsland Mail Centre VIC 3841. The memorandum or power of attorney must be executed by, or on behalf of, the entity. We may also refuse a name if it’s considered offensive or suggests illegal activity. For more information, see Regulatory Guide 138 Foreign passport funds (RG 138). Each entity will have a ‘dashboard’ displaying that entity's information and its five most recent interactions with ASIC – it is where you can perform tasks for that entity. Once registered, a foreign company has ongoing obligations. Information about applying for and maintaining your licence or professional registration. Except for notifications about a change of local agent or registered office hours, you may also notify us of these changes using Form 406. Even if we register a name for you, a company with a similar name may take legal action against you. This information sheet (INFO 32) discusses: You can only use a name that is not identical to the name of an existing company or business in Australia. There is a detailed guide at the end of the form to help you complete it. In most cases, your particular circumstances must be taken into account when determining how the law applies to you. the declaration has been completed and your ASIC registered agent number is recorded within the email lodgement request if you're lodging a Change to company details or Form 362 Notification by a company to nominate or cease a registered agent or contact address , you must include the corporate key of the relevant company. We would like to show you a description here but the site won’t allow us. Corporations sole, exempt public authorities and unincorporated bodies that were formed outside Australia and cannot hold property, or sue or be sued in accordance with the law of their place of formation, are not foreign companies. Information and guides to help to start and manage your business or company. If you wish to extend this period, you’ll need to apply to reserve the name again. Recently Registered? authorised to accept, on behalf of the foreign company, service of process and notices. Once your application has been processed and approved, we’ll send you a registration certificate and your Australian Registered Body Number (ARBN). A foreign company that operates a notified foreign passport fund must lodge a copy of that fund’s financial report for the year, prepared in accordance with the home economy’s financial reporting requirements, and a copy of each auditor’s report that relates to the financial report. If the affidavit is sworn in Australia, it must be made by a director or secretary of the entity. You should also note that because this information sheet avoids legal language wherever possible, it might include some generalisations about the application of the law. a duly witnessed affidavit that is sworn in accordance with the legal requirements of the jurisdiction where it is made. Small business resources in other languages, Professional standards for financial advisers, Appointing and ceasing an AFS authorised representative, Applying for and managing your credit licence, Varying or cancelling your credit licence, Tips for applying for auditor registration, Applying for auditor or authorised audit company registration, Your ongoing obligations as a registered company auditor, Changing your auditor registration details, Self-managed superannuation fund (SMSF) auditors, Updating your details and submitting requests to ASIC, Your ongoing obligations as an SMSF auditor, Applying for and managing your liquidator registration, Your ongoing obligations as a registered liquidator, Changing or cancelling your liquidator registration, Registered liquidator transactions on the ASIC Regulatory Portal, Licensed and exempt clearing and settlement facilities, COVID-19 information – Managed investment schemes, Competition in the funds management industry, Superannuation guidance, relief and legislative instruments, Insolvency for investors and shareholders, Director oversight of financials and audit, Corporate actions involving share capital, Changes to how you lodge fundraising and corporate finance documents. A high proportion of foreign company registration applications are delayed or refused because they don’t contain the correct documentation. A foreign company that holds an Australian financial services (AFS) licence and relies on ASIC Corporations (Foreign Licensees and ADIs) Instrument 2016/186 is exempted from having to lodge Form FS70 Australian financial services licensee profit and loss statement and balance sheet and Form FS71 Auditor’s report for AFS licensee as long as the foreign company AFS licensee lodges Form 405 with its financial statements and an auditor’s report. To register, select the tile that matches what you want to do first on the portal. Visit the IP Australia website to search for existing trademarks. This is Information Sheet 32 (INFO 32), issued in July 2018. A representative of your company must be present at the registered office whenever it is open. for Registered – ‘Regd.’ for Number – ‘No.’ for Australian Registered Body Number – ‘ARBN’ or ‘A.R.B.N.’ for Notified Foreign Passport Fund Registration Number – ‘NFPFRN’ or ‘N.F.P.F.R.N.’ Use a local agent. It must state the name, address and appointment date of the local agent who is: If the memorandum or power of attorney, including Form 418, is being lodged by a third party on behalf of the proposed foreign company, they must also provide a copy of the document that authorises them. This includes negotiable instruments published or signed in the jurisdiction. If an Australian resident member requests you register their shares in a branch register, you must register them or establish a branch register within one month of the request. A registered foreign company must always have a local agent. You must display the company’s name outside every office and place of business that is open to the public. A registered foreign company must lodge an annual return at least once every calendar year and within one month after the date of the annual general meeting (AGM). Once you have registered and logged in, you can act for yourself or connect to other entities to act on their behalf. Enter your Australian Company Number (ACN), Enter your Australian Registered Body Number (ARBN). If the company’s place of incorporation does not require it to hold an AGM, we suggest lodging the annual return at the same time each calendar year. Tax invoices for sales of $1,000 or more. If you hold a professional licence or registration with ASIC or are a registered company officeholder, use the name we hold on our records to create your portal account. at its registered office, the words ‘registered office’. Tax invoices for sales of $1,000 or more need to show the buyer's identity or ABN.. may be liable for any breaches or penalties. You will use this to log in to the portal. The time between financial statements can’t be more than 15 months. The local agent of a registered foreign company: The information given in this application to register for a portal account is complete, true and correct. You need to provide general information about the proposed company and how it will be run. Website feedback. be dated no more than three months before it’s received by us, unless we allow a longer period. notice of the limited liability of its members (if the company’s name does not end in ‘Limited’ or ‘Ltd’). ASIC will contact you within two business days to confirm that your account has been activated. Some provisions of the law referred to have exceptions or important qualifications. If your proposed name isn’t available, we will reject your application and you can request a refund of your application fee. This statement must be signed by an officeholder of the entity and have an original signature. I'm a company officeholder, what are my registration obligations? ASIC will send correspondence (including your company annual statement) to your online inbox. Copyright © 2021 Australian Securities & Investments Commission, If the name you use to create your account does not match our records, the registration will fail and you will not be able to connect to your licence, registration or entity. A registered foreign company that has share capital may need to establish a branch register of members in Australia. You should check your own records to confirm what name you have used or go to ASIC Connect's register search. When you lodge Form 402, you must also include: 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’). Contact the department. It does not cover the whole of the relevant law regarding that topic, and it is not a substitute for professional advice. You should also make sure that your name doesn’t infringe any existing trademarks. If a member requests in writing that you register their shares in another register, you must remove the member’s shares from the branch register and register those shares in the register requested by the member. I understand that giving false or misleading information or documents to ASIC is a serious offence and could lead to a criminal prosecution of me personally. an employee or contractor of a registered tax agent or tax (financial) adviser and you do not provide tax (financial) advice services in your own right. If your foreign company operates a notified foreign passport fund, it will have ongoing obligations to the fund, including reporting responsibilities to ASIC. Once you have registered and logged in, you can act for yourself or connect to other entities to act on their behalf. Note: The Privacy Collection Notice given under APP 5 of the Privacy Act 1988 applies to your provision of personal and sensitive information below. Australian Business Number. The ASIC Connect Professional Registers will tell you if the company managing your investment holds an AFS licence. You can also check ASIC Connect within the 'organisation and business names search' to see if a scheme is registered with ASIC. You should use Form 406 Annual return of a foreign company to lodge your company’s annual return. Steps to log in. Note: Confidential Information is information that is by its nature confidential, but excludes information required to be disclosed by law or which becomes public knowledge other than by a breach of law. It is your responsibility to be aware of any similar names that may affect your name. Unless the company is a bank or other deposit-taking institution, every public document and instrument must also include: Some abbreviations are allowed. To register an entity as a foreign company, complete Form 402 Application for registration as a foreign company. Lodging prospectuses and other disclosure documents. Examples include: You can’t use words that could mislead people about the entity’s activities. To verify the authorising document, you must lodge Form 403 Verification of copy of document authorising on behalf of a foreign company, execution of a document appointing a local agent. Apply for, vary, or cancel a registration. If your company is a notified foreign passport fund operator, you must also include the Notified Foreign Passport Fund Registration Number (NFPFRN) for the fund and any other unique number allocated to the fund by ASIC.