Company Formation & Agent Services

When setting up and subsequently running a business, it’s important from the very start to get the right structure for your needs. There are always different circumstances when it comes to business. Whether your business has partners, if you intend on funding the business and distributing the profits, if you intend to employ staff or if there are any industry and regulatory requirements.

Choosing the correct structure at the outset has important implications for taxation, liability, governance and future growth.

The most common forms of business are:

• Sole Trader: a single operator with a registered business name and ABN.
• A Partnership: where two or more people carry on a business under a registered business name and ABN.
• Proprietary Limited (Pty Ltd): a company with one or more directors, limited by shares, who share capital made up of shares. Each member is a “shareholder” on incorporation and no more than 50 non-employee shareholders and members are liable, only to the extent of any unpaid amounts on their shares. This means that their personal assets are not at risk in the event of the company being wound up.

There are additional corporate structures suitable for more advanced or complex situations. Depending on your circumstances, these may be appropriate from the beginning or as your business evolves. Other types of companies include:

• Trust Company: A company established to act as corporate trustee of a trust.
• Unlisted Public Company: A public company structure, often used where there are plans to list on the Australian Securities Exchange (ASX).
• Home Unit Company: A type of proprietary limited (Pty Ltd) company that operates as a body corporate to administer property.
• Not for Profit Company: A company established for charitable or community purposes.
• Offshore Company: A company registered outside Australia in a jurisdiction where you may be conducting business or investment activities.

Waycorp assists with business and company registrations both in Australia and internationally, including New Zealand, Singapore, Canada, the United States and the United Kingdom. Australian company formations are typically completed within 1–2 hours. Overseas formations generally take between 2–4 business days, depending on the jurisdiction and regulatory requirements.

We can also assist with GST registration and related compliance obligations in Australia, ensuring a fully coordinated formation process.

Maintaining your business or company requires ongoing compliance to ensure it remains in good standing with relevant regulatory authorities in Australia and overseas. This includes obligations such as:

• Renewing your registered business name when due
• Lodging annual statements with ASIC for Australian companies
• Filing annual returns with overseas regulatory authorities where applicable
• Paying annual company fees when they fall due
• Complying with corporate governance and regulatory requirements in relevant jurisdictions

Waycorp acts as a registered ASIC agent, provides Company Secretary services in Australia and New Zealand and works closely with a network of Registered Agents across Singapore, Hong Kong, Canada, the United States, the United Kingdom and the European Union. We help ensure your corporate obligations are managed accurately and on time.

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Indicative fees for business registration and ongoing compliance within Australia are outlined below:

• Business Name Registration: $90 plus GST for 1 year (including ASIC fee). Alternatively, $250 plus GST for 3 years (including ASIC fee).
• Proprietary Limited (Pty Ltd) Company Registration: $900 plus GST ($990 incl. GST) for Australian-based owners, or $1,200 plus GST ($1,320 incl. GST) where any director or shareholder lives outside Australia, including the ASIC fee. This includes the full constitution, formation minutes, officeholder consents, shareholder registration, share certificates and share register, public officer nomination and complete ATO registrations (ABN, TFN, GST and PAYG).
• ASIC Agent Service: from $250 plus GST per year, per company, payable upfront. This includes preparing minutes and director and trustee declarations as required.
• Company Annual Review Fee: The current ASIC Annual Review fee is $329 (GST is not applicable). This need to be paid before the due date on the annual statement.
• Registered Office and Principal Place of Business: use our Sydney address on your company's ASIC records, including mail handling, from $60 plus GST per month.
• Australian Resident Director Services: $3,000 plus GST per year for offshore businesses and business owners establishing a company in Australia, provided under our Resident Nominee Director Agreement. This fee applies to small companies with annual revenue under $250,000; larger companies are quoted individually.
• Offshore company formation and secretarial services: we provide company formation and secretarial services for overseas jurisdictions. Fees for overseas company formation and secretarial services vary depending on the country, state, corporate structure and level of support required. Please contact the team at Waycorp for guidance and a tailored quote.