Company services

Company registration in Australia.

Registering a company takes minutes online and years to unwind if the structure is wrong. CMK Legal registers your Pty Ltd company with ASIC, sets the share structure to match what the owners actually agreed, and hands you a complete company pack that your accountant and bank will accept.

Lawyer prepared

Documents prepared and reviewed by a Victorian commercial lawyer.

Fast turnaround

Most registrations and deeds turned around same day or next business day.

Fixed fee, quoted first

Fixed fee quoted before we start, ASIC fees itemised separately.

Compliant documents

Corporations Act 2001 and ASIC compliant documentation.

What company registration with us includes.

We reserve and register the company name, obtain the ACN, appoint directors and secretaries with the required consents (including director ID checks), issue shares in the agreed classes and proportions, and set the registered and principal place of business.

You receive the ASIC certificate of registration, a constitution or a record that replaceable rules apply, member and officeholder registers, consents to act, share certificates and the first minutes of directors, the documents a bank, landlord or investor will ask for.

Share classes are far easier to set at registration than to fix later. If dividends will be split, or an investor is coming in, tell us before we lodge.

Why it pays to have this done properly.

The structure matches the deal

Ordinary, A/B class or non-voting shares, held personally or by a trust, we set it up the way the owners actually intend to share control, income and capital.

Compliance handled from day one

Director IDs, consents to act, registers and the constitution are prepared and stored properly, so the first ASIC review or audit is uneventful.

Ready for banking and contracts

A complete pack means the bank account, ABN, GST registration and first lease or supply agreement are not held up chasing paperwork.

Is this you?.

  • You are starting a business and want limited liability from the outset
  • You need a company to act as trustee, or to sit under a family trust
  • You are bringing in a business partner and need share classes right
  • Your accountant has told you to incorporate before the next financial year

If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.

How it works.

  1. 01

    Tell us what you need

    Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.

  2. 02

    We check the detail

    We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.

  3. 03

    We prepare and lodge

    We draft the constitution, consents, registers and the ASIC application, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.

  4. 04

    You get a complete file

    You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.

Fees.

Company registration is a fixed professional fee plus the ASIC registration fee, which we itemise separately at cost. If you need a tailored constitution, a shareholders agreement or a trustee structure at the same time, we quote the whole package before starting.

Request a fixed-fee quote

FAQs

Frequently asked questions.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How long does registration take?
Once we have director details, IDs and the share structure, registration is usually completed the same business day. The ACN issues immediately on lodgement.
Do I need a constitution or are replaceable rules enough?
Replaceable rules work for simple single-director companies. If you have multiple shareholders, share classes, or the company will act as an SMSF trustee, a constitution is strongly preferable.
What is a director ID and who needs one?
Every director must obtain a director identification number from ABRS before being appointed. We tell you exactly what is needed and when to apply.
Is a company a separate legal entity, and am I personally liable for its debts?
Yes. Under section 124 of the Corporations Act a company is a separate legal person from the people who own and run it. It can own property, enter contracts and sue or be sued in its own name, and it continues even as directors and shareholders change. In a company limited by shares, a shareholder's liability is limited to any amount unpaid on their shares, so personal assets are generally protected. Directors can still be personally exposed in specific situations, such as unpaid tax and superannuation, personal guarantees and insolvent trading, which is part of what we talk through when you set up.
What is the difference between an ACN and an ABN?
They are different numbers for different purposes. The ACN is the nine digit number ASIC issues to a company when it is registered. The ABN is a separate number used for tax, and a company's ABN is its ACN with two extra digits added in front. Registering the company gives you the ACN straight away, and the ABN, tax file number and any GST registration are separate steps that we point you to.
How does a company sign a contract or deed?
A company can sign under section 127 without a common seal if the document is signed by two directors, by a director and the company secretary, or by the sole director of a single director company, and this can now be done electronically. Signing this way lets the other side rely on the statutory assumptions that the company has signed validly, which is why getting execution right matters on anything important.
What are the rules for a company's registered office?
Every company must have a registered office in Australia, and for a proprietary company it cannot be a post office box, because documents need to be able to be served there. If the company does not occupy the address itself, for example where it uses its accountant's or lawyer's office, the occupier has to consent in writing to the company using it. We set this up correctly as part of registration.
Does the company need a public officer?
Yes. Within a few months of starting to carry on business or earn income in Australia, a company must appoint a public officer, who deals with the Australian Taxation Office on the company's tax affairs. The public officer must be a natural person, an Australian resident and at least 18. It is a separate role from director and secretary, and it is easy to overlook.
Who cannot be a company director?
A director must be an individual and at least 18. A person cannot act as a director without the court's permission if they are an undischarged bankrupt or have not complied with a personal insolvency arrangement, if ASIC has disqualified them, or if they have been convicted of certain dishonesty or company law offences. Every director also needs a director identification number, which stays with them for life. We check eligibility and consents before anyone is appointed.

Ready to get started with company registration?.

Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.