Easy Steps To Register Your Branch Offices In Australia

So, I’m ‘carrying out business’. Now what? If you replied yes to both questions, you need to make a decision whether to incorporate or to register a branch or representative office. For people who aren’t certain of the distinctions, an incorporated part has its own separate legal status, whilst an office has a regional agent who connotes the international company. That agent is actually liable for the actions of the company within Australia.

There are many positive aspects to this: you do not need a regional director and secretary (as all involved agencies do in Australia), plus there may be taxation benefits. To register so, you have to accomplish the following steps: 1. Check your name. Like with incorporation, you have to guarantee your company’s name is available. ASIC is not going to allow a name to be authorized if it is misleading (e.g. as to the company’s activities), uses certain words (like ‘university’), has already been signed up to another company, or is unlawful. 2. Reserve your name. This step is optional, but reservation costs only AU$41 (as of 2011) and protects the preferred name from there forward.

Alternatively, you could go through the process, only to discover you have been pipped to the post. You need ASIC Form 410 to finish this step. 3. Complete ASIC Form 402. This is the Application for Registration. It is the point you need to have all the details present for instance the information of the directors of the company and of the local agent and of the signed up office. It’s not essential to have your individual office, but if not, you should have authorization from the owner for you to use that address. 4. Assemble the essential paperwork. Before you mail off Form 402, you have to ensure all the necessary documents are enclosed.

This is: A memorandum of appointment of, and power of attorney for, the regional agent; A certificate of registration or incorporation (or a similar document) that concurs with the overseas company is currently signed up in its place of corporation; An authorized copy of the company’s constitutions, bylaws or similar; If a director is citizen 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. Submit the application. Once you’ve completed all the records, submit the application, in addition to the applicable fee (currently AUD$426) to ASIC. They will issue a Certificate of Registration of a International Company and give your company an Australian Authorized Body Number (ARBN).

Other Requirements and Considerations: There are several matters that you ought 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 that you should take into account 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.

 

Register Branch Office in Australia with us. Inveiss lawyers specialize in ABranch Office in Australia at no extra costs.

Managing Your Branch and Representative Offices In Australia

If you’re the chief of a foreign company looking to establish business within Australia, there are certain points that should be in the lead of your mind. Perhaps probably the most important of these is that the Corporations Act 2001 (Cth) forbids overseas companies from doing simply that. Certainly, there are exceptions – as the spreading of foreign companies participating in business in Australia attests to. In this situation, there are two key exceptions. The first is to have a subsidiary in Australia. Relying on the predicted scale of your operations, this might be the method to use, but it can be high-priced. The contrary is registering a branch or representative office with the Australian Securities and Investment Commission (ASIC).

But, even before determining between these entity forms, there are two questions that need to be cleared. 1. Am I a ‘foreign corporation’? Any body, whether involved or not, which is put together in a territory or place outside of Australia is presumed to be a international corporation. This is admittedly a very broad test that should bring about little misunderstandings. 2. Am I ‘carrying out business’? The Corporations Act only forbids the act of ‘carrying out business.’ Unlike the initial test, this is slightly more uncertain and thus confusing. As a rough principle, if your company’s activities in Australia are being carried out with ‘sufficient system, repetition or continuity’ they will probably be carrying out business. It really should be observed that there is no requirement that the company be creating, or even looking for, an income from the activities.

However, an individual contract that was sufficient enough might fulfill the regulatory authorities you were carrying out business. Ultimately, there are a range of reasons – none of which are determinative, but are suggestive – to be considered. Included in this are: If the functions are typical and recurring in nature; Are the functions similar to those of other businesses in the same industry; Have the activities been planned, organised, and completed in a business-like manner; Are the plans more permanent than short-term; Are the functions commercial, and cannot be identified as a hobby?

The Act, however, acknowledges that corporations may be involved in Australia without doing a business. If you’re worried as to which category your corporation falls into, the following functions are considered not to constitute ‘carrying out business’: is a party to court proceedings, a claim or a dispute in Australia; conducts internal affairs actions in Australia including directors’ meetings;

Maintains a banking account; creates evidence of a debt or a charge on property, or secures that debt; subject to some conditions, conducts a remote deal (if completed within 31 days); effects a sale with an independent contractor; or spends funds or holds any property.

Inveiss lawyers are specizlied in registering Branch Office in Australia. Register your Branch Office in Australia with us.

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