FAQ

frequently given answers!

FAQ

Company

No, ASIC will not accept PO Box addresses. The only exception is for a entity which is solely a Shareholder/Member, all other addresses must be physical street addresses.
 Provided all information is correct and payment has been received Shelf Companies Australia will incorporate your company within 24hours (it can be as quick as 20 minutes if all ASIC requirements are met). The complete corporate register will be mailed out in the following days.
No, it is no longer a requirement for a Company to have a Common Seal. Shelf Companies Australia have the option to purchase a Common Seal in addition to Company registration.
No, ASIC will not allow companies to be backdated. For pre registered Shelf Companies please see a list of available names at www.shelfco.com.au
Yes, the Company can make a special resolution to change the Company name if appropriate. Application must be made to ASIC. Shelf Companies Australia can assist with changes to names.
This is where the Public Company has share capital, listed on the ASX its shares are marketed to the general public. Minimum requirements are, 3 Directors, 1 Secretary and 1 Shareholder. Two of the Directors and the Secretary must reside in Australia.
This can be a lengthy three-month process. If the company complies with all requirements of deregistration, ASIC will make public the proposed deregistration on its National Database and in the Commonwealth Gazette. Provided there are no objections the company will be deregistered two months after the Gazette notice.
Once a Company is registered in any State of Australia, the exact name is protected by law and cannot be used by anyone else within Australia.
Yes, on the condition that the Trustee of the Trust holds the shares on the behalf of the Trust.
There is no lower or upper limit on share values. Unless otherwise instructed, Shelf Companies Australia will issue Ordinary Class Shares at $1 upon registration.
When beneficially owned, the shareholder is holding and benefiting from the shares. Non-beneficially held shares means that the shareholder holds the shares as trustee on behalf of an entity.
Yes, however the company must have at least one Shareholder/Member that resides in Australia. You can discuss the provision of a resident director with us.
A consenting individual, it is a requirement that all Directors must be over 18 years old. There is a minimum of 1 Director, and at least one Director must reside in Australia.
No, this is no longer a requirement. However, there must be at least 1 Director who is over 18 of age and resides in Australia. The Director cannot be a company.
The company must have at least one Director and one Shareholder. You must provide a street address for each officeholder; this cannot be a PO Box. The registered office and principal place of business must also be physical street addresses.
To serve for the single purpose of a Super Fund and will therefore never trade. ASIC needs to be informed of this, lodgment of Form 484B is a requirement. The annual fee for this company is lower than that of a standard Pty Ltd Company.
A Business Name is a trading name and does not have a separate legal entity, owned by an individual, company or partnership.
Yes, it is possible to register your existing Business Name as a Company, dependent on the ownership being the same. The proprietor of the Business Name must also be a shareholder of the newly formed Company.
Yes, so long as the Business Name is available and owned by the Director of the company. Please advise of this in the additional comments field when instructing Shelf Companies Australia.
We register a number of different companies. These include your choice of own name Proprietary Companies limited by shares (Pty Ltd), Shelf Companies (Pty Ltd), Trustee Companies (Pty Ltd), Limited by Guarantee Companies (Ltd), and Sole Purpose SMSF Companies (Pty Ltd)
You can check on our site, with the businessnamechooser.com or the ASIC Connect Online Portal OR call us on 1800 445 116 and we are happy to check for you. If there are similar or identical Business Names, these must be owned by a Director of the Company to proceed.
You can call Shelf Companies Australia on 1800 445 116 and if your desired company name is available we can reserve this for a fee of $93.00 including GST. The reservation will be held for two months with ASIC. Alternatively, you may do this directly with ASIC and inform Shelf Companies Australia that you have done so at the time of incorporation.
ASIC has a number of words, which are restricted for use in Company names. If you are unsure you can contact us or check online with ASIC.
Provided the name or a similar name has not been registered with ASIC you can choose your own name. There is however a number of restricted words and symbols. You can also use your Business Name, provided that the Business Name owner gives consent.
 A ‘Shelf Company’ has already been registered in the state of WA with ASIC and will have an available A.C.N and date of incorporation. The company has never traded but will require documents being transferred to the new officeholders/shareholders.  A Company with the choice of your own name will be incorporated with all details given by the applicant, including the specified State of registration.

Trust

This varies from State to State. Please check with your relevant state revenue office for confirmation.
A replacement Trust Deed is available for a fee. You will need to provide as much information as possible, including an extract of any info you still retain. COntact us on 1800 831 540 to discuss.
3 bound copies of the deed and a $10 stamp.
The beneficiaries are the choice of those setting up the Trust and Shelf Companies Australia are unable to advise on this. It is important to note that there is an automatic inclusion of each beneficiary’s spouse and extended family. This also includes any other entities the beneficiary has a stake in.
A corporate entity or any individual over the age of 18. A Trust can include as many Trustees as desired by these must not be disqualified individuals.
In a Family Trust, the Trustees have discretion over what portion the beneficiaries receive. A Unit Trust is a clearly defined share trust; the share is in the form of units. In a Unit Trust, the proportion of units they have invested into the Trust determines what the beneficiaries receive.
Trust names can be identical, as they are not registered with ASIC. This gives you much more freedom when choosing the name of your Trust.
Yes, on the condition that the Trustee of the Trust holds the shares on the behalf of the Trust.

SMSF

To serve for the single purpose of a Super Fund and will therefore never trade. ASIC needs to be informed of this, lodgment of Form 484B is a requirement. The annual fee for this company is lower than that of a standard Pty Ltd Company.
At least one member is requires, with a maximum of four members as regulated by the ATO. If there is a Corporate Trustee, all members must be directors of the Company.Members are generally Trustees, with the exception of sole member funds.
Yes, with the regulation that the sole member cannot be the sole trustee. There is the option to appoint a co-trustee individual or  set up a Corporate Trustee Company where the individual is the sole member.
Yes, Shelf Companies Australia’s SMSF Deed allows for Non recourse borrowing arrangements. Please note this is a separate product, Installment Warrant Packages are offered through our partnership with a Super Fund Specialist.
3 bound copies of the SMSF Deed, consent and declaration forms, membership applications, product disclosure statement for each member, death nomination forms and a suggested investment strategy.
Contact Shelf Companies Australia with the details by completing the SMSF Upgrade Order Form, please contact enquiries@shelfco.com.au to request this. Our solicitor also requires a copy of the originally Trust Deed and any variations which may have taken place. Our solicitor will review the Deed and make the required amendments to the deed.
Stamp Duty varies from State to State. Please check with your relevant state revenue office for confirmation.

General

The quickest way to make payment is with credit card on the online order form. Alternatively, we can send you an invoice, which can be paid via direct debit or cheque. This takes longer to clear with the bank and may slow down the process of receiving your documents.
All documents come printed in a fully bound corporate register. If you prefer all documents printed but without the register, or documents emailed in PDF format only, please add a note in the additional comments field at the bottom of the order form.
You can find all order forms on the website www.shelfco.com There is the option to fill the forms in online or download a PDF Form which can be emailed to enquiries@shelfco.com.au
Call us on 1800 831 540 with the details. If it is an error on our behalf Shelf Companies Australia will make the amendments free of charge. (ASIC fees may apply). If the error is to do with a Trust or SMSF this will need to go through a legal process with Shelf’s solicitor.
Shelf Companies Australia’s legal partner, Brenda Hogg from Commercial Law Solutions, prepares all documents.
Generally documents will be posted to the address provided by the applicant unless otherwise stated in the ‘additional comments’ box.
This is a document which Shelf Companies Australia prepare with all details provided for lodgement with ASIC. Before we do so it is standard procedure to email a copy of this to be reviewed and signed by a Director or Agent of the Company.

Glossary

A.C.N- Australian Company Number, a nine-digit number which is issued once a company has been registered with ASIC. A.B.N- Require an A.C.N before requesting an A.B.N. This is a number, which is allocated to businesses for all dealings with the ATO. ASIC- Australian Investments and Securities Commission. A government agency dedicated to the compliance of corporate Australia. Annual Review Statements- Issued in lieu of the annual return. The review date is determined by the date of incorporation. If there are no changes to the company, an annual return fee is then paid to ASIC. Business Name- A trading name, has no legal status and is owned by an individual, company or partnership. Businesses that are not operating as a company or under their own name are required to register their Business Name. Company/Corporate Register- The Company’s register holds all information relating to the Company, including members, office holders, share structure and the constitution. The register must be held at the Registered Office or Principal Place of Business where the maintenance of the corporate register is carried out. Constitution- A formal document outlining the rules in order to govern the company. It is suitable that each company has a constitution as opposed to relying on provisions of the Corporations Act. Corporate Key- A unique eight-digit number that is used for security purposes. In order to lodge ASIC forms and view company records ASIC often ask for the Company’s Corporate Key. This number is issued shortly after Company incorporation and is sent to the registered office address. It changes annually on the company’s annual statement. Founder- Pays the initial sum to establish the Unit Trust, this is not mandatory as with Discretionary Trusts. Different to the Settlor as the Founder can be a Trustee or Beneficiary. Guardian- A Guardian can be appointed to look over the Trust and it’s Trustees, is not mandatory. Principal/Appointer- Has the authority to add or remove individuals from the Trust. Principal Place of Business- The main address where the business of the company is carried out. This can be the same or a different address to the Registered Office. If these details change a Form 484 must be completed to notify ASIC of the changes. Registered Office- ASIC correspondence is sent here, this address must be within Australia and not be a PO Box. The company does not need to occupy the premises, however there must be consent in writing agreeing for the company registered office to reside there. If these details change a Form 484 must be completed to notify ASIC of the changes. Restricted Words- ASIC has a number of words, which are restricted for use in Company names. If you are unsure you can contact us or check online here Settlor- Someone independent to the deed, which pays the settled sum to establish a trust. Does not benefit in any way and will play no further part in the trust. Shelf Companies Australia act as settlor when setting up trusts and the Trust fee includes the $10.00 settled sum. This comes in postage stamp form. Settled Sum- Initial payment made to establish the Discretionary Trust. This is gifted by the Settlor and cannot be reimbursed. Shares- There must be a minimum of 1 issued share when incorporating a company.  Shares can be issued for any amount and can be either beneficially held or non-beneficially held. The constitution can provide for the issue of different classes of shares with special rights (A & B class shares). Trust- This is a legal entity where individuals or a company holds property within a trust beneficially for others. Shelf Companies Australia provides Discretionary (family) Trusts and Unit Trusts. For further details contact an accountant or legal professional.

Business Name

When choosing a business name it is important to consider what activity that business will be carrying out. A recognisable business name will help establish your business as this is the name you will be trading under.See more info here
A Business Name is a trading name and does not have a separate legal entity, owned by an individual, company or partnership.
An A.B.N is required (we can assist)
Yes, it is possible to register your existing Business Name as a Company, dependent on the ownership being the same. The proprietor of the Business Name must also be a shareholder of the newly formed Company.
Shelf Companies Australia are now able to make changes and transfers to existing Business Names. Download an order form here
Yes, so long as the Business Name is available and owned by the Director of the company. Please advise of this in the additional comments field when instructing Shelf Companies Australia.

FAQ

frequently given answers


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