All companies carrying on a business in Australia must be registered under the Corporations Act 2001 (CA).  There are two types of Australian companies, proprietary companies and public companies.  Foreign companies can also be registered under the CA allowing them to carry on a business in Australia.

Proprietary companies must:

• have no more than 50 non-employee shareholders; and
• not engage in any activity that would require disclosure to investors (e.g. prospectus) except for an offer of its shares to existing shareholders or employees of the company.

Public companies are companies that are not proprietary companies.

Foreign companies can be registered under the CA allowing them to carry on a business in Australia.

For further information, please go to:

• Australian Companies – Corporations Act requirements
• Corporate Governance
• Foreign Companies registered in Australia
• Frequently Asked Questions