Can a foreigner register a company in Australia?

Can a foreigner register a company in Australia?

Yes, a foreigner can register a company in Australia, but they need to meet certain requirements, including having an Australian resident director and obtaining a director identification number (director ID). They also need to secure the appropriate Australian visa to legally run a business in the country. 

Steps for a Foreigner to Register a Company

Obtain a Visa: 

You must apply for and be granted an Australian visa that allows you to run a business in Australia. 

Get a Director Identification Number (Director ID): 

If you plan to be a director, you'll need to apply for a director ID before registering your company with the Australian Securities and Investments Commission (ASIC). 

Appoint an Australian Resident Director: 

A private Australian company must have at least one director who ordinarily resides in Australia. 

Register Your Business Name and Get an ABN: 

You'll need an Australian Registered Business Name (ARBN) and an Australian Business Number (ABN) to register your company. 

Register Your Company with ASIC: 

You can apply to register your company with ASIC, which involves lodging specific documents, including a certified copy of the entity's current certificate of incorporation or registration and its constitution. 

Key Considerations for Foreigners

Australian Resident Director: 

You cannot be the sole director of an Australian company; you will need at least one Australian resident director. 

Australian Business and Tax Obligations: 

Understand the different taxes and licences your business may need to operate in Australia. 

Business Structure: 

Decide on the most suitable business structure for your needs, such as a proprietary company (Pty Ltd), which is a common option for private businesses. 

Other Facts: 

It is certainly possible for non-residents to establish a business in Australia, but not on their own.
A foreign individual or business may own stock in an Australian corporation, but they are not permitted to serve as its sole director.

According to Australian law, every Australian corporation must have at least one director who resides in Australia. Additionally, in order for an Australian public company to register with ASIC, two of its directors must be residents. 

According to Section 1.5.5 5.1 of the Corporations Act of 2001:

A director can only be a person who is at least eighteen years old. A company's only director must typically be an Australian citizen. At least one of the directors must typically reside in Australia if the company has more than one.

Note: A person who resides in Australia is considered an Australian resident.