Business
Australia — Business: Limited Company
A limited company in Australia (most commonly a proprietary limited / Pty Ltd company) is registered nationally through ASIC, not state-by-state, and does not require a formal constitution — a company can instead rely on the default "replaceable rules" in the Corporations Act 2001, or adopt a custom constitution if desired. Registration costs AUD 636 (2026-27 ASIC fee) plus an ongoing annual review fee of AUD 342.
VerifiedGovernment / official sourceASIC official guidance and fee schedulesLast reviewed: 2026-08-31
Key facts
- A limited company in Australia is considered a separate legal entity from its shareholders and directors.
- Limited companies can be established for various purposes, including business operations, investment, and holding assets.
- The type of company to register depends on the intended activities and purpose of the company.
Steps
- Step 1: Choose the Appropriate Type of Company — Determine the correct type of company to register, such as a public or private company, and consider factors like liability, ownership structure, and compliance requirements.
- Step 2: Decide on Governance Rules — Choose whether the company will operate under the default "replaceable rules" set out in the Corporations Act 2001 (no filing required) or adopt a custom written constitution, which is kept by the company (not lodged with ASIC) but must be available on request.
- Step 3: Register the Company with ASIC — Register nationally with the Australian Securities and Investments Commission (ASIC), either directly or via a registered agent, and obtain an Australian Company Number (ACN). This can typically be done online.
- Step 4: Obtain Other Licenses and Permits — Depending on the company's activities, additional licenses and permits may be required from state or territory authorities.
Costs
- ASIC company registration fee (proprietary company): AUD 636 (2026-27 financial year, indexed annually 1 July)
- ASIC annual review fee (ongoing, yearly): AUD 342 (2026-27 financial year)
- Custom constitution drafting (optional — replaceable rules are free): varies, typically a lawyer's or formation agent's fee if a custom constitution is prepared
Timelines
- Time to register with ASIC: often same day to a few business days online once required information is ready
Required documents
- Consent to act as director/secretary from each officeholder
- Shareholders' and directors' identification documents (including director ID / Director Identification Number)
- Company constitution (only if not relying on replaceable rules)
Common mistakes
- Failing to choose the correct type of company for the business
- Directors not obtaining a required Director Identification Number (director ID) before appointment
- Missing the annual review fee deadline, which triggers ASIC late fees and can lead to deregistration