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Types of companies that can be set up in Australia

More and more international businesses and investors are realizing that setting up a company in Australia is the right move. With a strong, stable economy and a transparent business environment underpinned by a trusted regulatory system, Australia not only effectively protects investments but also facilitates access to the potential Asia-Pacific market.  along with high-quality human resources and diverse skills. In addition, policies that encourage innovation and an outstanding quality of life have affirmed Australia’s position as an ideal destination for start-ups, expansion and sustainable business development on a global scale. However, what type of company can investors establish in Australia, Viet An Law would like to introduce through the article below.

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    The two most common types of companies that can be set up in Australia

    Criteria Private Limited Company (Proprietary Limited – Pty Ltd) Public Limited Company (Public Limited – Ltd)
    Name Must end in “Proprietary Limited” or “Pty Ltd”. It usually ends in “Limited” or “Ltd” (except in some special cases).
    Number of Shareholders Minimum 1 shareholder. Maximum 50 shareholders (excluding shareholders who are employees). Minimum 1 shareholder. There is no maximum limit on the number of shareholders.
    Raising capital It is not allowed to raise capital from the public through a public offering of shares. Allowed to raise capital from the public (e.g., initial public offering – IPO), must comply with strict disclosure regulations (such as prospectuses).
    Listing Not listed on the stock exchange. It is possible to register for listing on a stock exchange (e.g. ASX).
    Number of Directors At least 1 director. At least 1 director must be permanently resident in Australia. At least 3 directors. At least 2 directors must be permanently resident in Australia.
    Company Secretary A company secretary is not required (but can be appointed). It is mandatory to have at least 1 company secretary. At least 1 secretary must be permanently resident in Australia.
    Reports & Audits Financial reporting requirements are generally simpler (especially for small companies). Small companies are generally not required to audit their financial statements. Requires more detailed and complex financial reporting and disclosures. It is often mandatory to audit financial statements and submit them to ASIC (Australian Securities and Investments Commission).
    General Meeting of Shareholders It is not mandatory to hold an Annual General Meeting of Shareholders (AGM). It is mandatory to hold an Annual General Meeting of Shareholders (AGM).
    Complexity & Cost The procedure for setting up and maintaining is less complicated and expensive. The incorporation and maintenance procedures are more complex and expensive due to more governance and compliance regulations.
    Suitable audience Small and medium-sized enterprises (SMEs), family companies, and startups have not yet had the need to raise capital widely. Large enterprises, companies that plan to raise capital from the public or list on the stock exchange.

    In short:

    • Pty Ltd is a popular choice for the majority of investors in Australia because of its simpler structure and less stringent compliance requirements.
    • Ltd is for larger organizations, especially those that want to access capital from the public or want to go public. This structure comes with much stricter administrative and reporting obligations.

    Some other company types can be set up in Australia

    Some company types can be set up in Australia

    Sole Trader

    • Essence: An individual owns and operates the entire business.
    • Legality: Owners and businesses are not two separate legal entities.
    • Liability: The owner is liable for unlimited liability for any debts of the business (personal assets may be affected).
    • Tax: Profits are considered the owner’s personal income and are taxable at the personal income tax rate.
    • Suitable for: Self-employed individuals, freelancers, micro-businesses just starting out.

    Partnership

    • Essence: Two or more people (or organizations) who run a business together to make a profit.
    • Legality: Usually not a separate legal entity (except for some special types of partnerships such as Incorporated Limited Partnerships).
    • Liability: Partnerships are often jointly liable for the debts of the business.
    • Taxes: Profits/losses are divided among the members under a partnership agreement, and each member pays taxes on his or her own share of the income.
    • Suitable for: Businesses with multiple owners who want to share responsibilities and profits, often found in professional professions (law, accounting, etc.). A clear partnership agreement is required.

    Trust

    • Nature: A more complex structure where a person or company (trustee) holds and manages assets or income for the benefit of others (beneficiaries).
    • Legality: The trust itself is not a separate legal entity, but the trustee has legal responsibility.
    • Responsibility: The trustee is responsible for managing assets in accordance with the provisions of the trust document. The beneficiary’s liability is usually limited. This structure can help protect assets.
    • Taxes: Income is typically distributed to beneficiaries and taxed in their hands. If the income is not distributed, the trustee may be subject to high taxes.
    • Suitable for: Asset protection, inheritance planning, family income division or for specific tax purposes. Requires careful setup and management.

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