Proprietary Company

A proprietary company must have at least one director, but need not have a secretary. If there is just one director and secretary they must ordinarily reside in Australia. If there is more than one director or secretary at least one director & one secretary must ordinarily reside in Australia.

A proprietary company must also have at least one member.

What we provide

  • Quality statutory register with mylar tab dividers (choice of 2 presentations)
    OR delivered electronically as a PDF
  • Laser printed documentation including all ASIC forms, Constitution, bank kit, trustee kit
  • Statutory Declaration - guaranteeing your peace of mind - Certified copy of certificate of registration
  • Delivered to your nominated address - Same Day or Australia Wide overnight (depending on location)

Minimum Proprietary Company requirements:

  • 1 Directors (must ordinarily reside in Australia)
  • May have a Secretary (who can be one of the Directors and must ordinarily reside in Australia)
  • 1 Member
  • Registered Office & Principal Place of Business

When a company is registered under the Corporations Act 2001 ('Act') it is automatically registered as an Australian company. This means that it can conduct business throughout Australia without needing to register in individual State and Territory jurisdictions.

A Proprietary company must:

  • Be limited by shares or be an unlimited company with a share capital.
  • Have no more than 50 non-employee shareholders.
  • Not do anything that would require disclosure under Chapter 6D (except in limited circumstances).

Important Information

Businesses that are not companies (eg, sole traders and partnerships) are required to register their business name with the appropriate State/Territory authority

Registration or use of a business name:

  • - does not create a legal entity (only registering a company creates a legal entity)
  • - and does not allow the use of privileges to which a company is entitled, such as a corporate tax rate or limited liability.

A business name has no legal status.

If a company carries on a business in a name that is different to its company name, it must register the business name with the appropriate State/Territory authority.

Further information on Business Names