So, I’m ‘carrying out business’. What to do now? If you answered yes to both concerns, you must decide whether to incorporate or to register a branch or representative office. For those who aren’t certain of the variations, an integrated part has its own separate legal status, whilst an office has a local agent who symbolizes the overseas company. That agent is personally accountable for the actions of the company within Australia.
There are several advantages to this: you do not need a local director and secretary (as all integrated entities do in Australia), plus there may be taxation benefits. To register so, you have to accomplish the following steps: 1. Evaluate your name. As with incorporation, you need to ensure your company’s name can be obtained. ASIC will not enable a name to be registered if it is confusing (e.g. as to the company’s activities), uses specific words (for example ‘university’), has already been signed up to a different company, or is illegal. 2. Reserve your name. This step is non-obligatory, but reservation charges only AU$41 (as of 2011) and covers the preferred name from there forward.
Otherwise, you could undergo the process, only to discover you have been pipped to the post. You need ASIC Form 410 to accomplish this step. 3. Fill out ASIC Form 402. This is the Application for Registration. This is the point you should have all the information present like the details of the directors of the company and of the regional representative and of the authorized office. It’s not required to have your own private office, but if not, you need to have consent from the owner for you to use that address. 4. Assemble the essential records. Before you deliver off Form 402, you have to ensure all the mandatory documents are contained.
This is: A memorandum of appointment of, and power of attorney for, the local agent; A certificate of registration or incorporation (or a similar document) that confirms the international company is currently signed up in its place of corporation; A certified copy of the company’s constitutions, bylaws or comparable; If a director is resident in Australia, a memorandum stating the powers of those directors; A notice of any fees on company property held in Australia; and An authorized translation of any document not in English. 5. Submit the application. Once you’ve accomplished all the forms, 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 Signed up Body Number (ARBN).
Other Requirements and Considerations: There are some features that you ought to take into account before proceeding in a international 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 consider registering all intellectual property rights or assets owned by your business before engaging in trade in the foreign 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.
Inveiss lawyers are specizlied in registering Branch Office In Australia. Register your Branch Office In Australia with us.