Lipton, Herzberg & Welsh, Understanding Company Law  Chapter 2


 Forming a company

The procedure for registration is discussed in Lipton, Herzberg & Welsh Understanding Company Law [2.350] – [2.510].

There are about 2 million companies registered in Australia. ASIC Registration Statistics gives information on the number of companies registered in Australia on a state by state basis.

The ASIC website contains information about How to register a company.

A person seeking to register a company must lodge an application for registration (Form 201) with ASIC. The application must state the information set out in s 117(2). Download a blank application for registration form.

Small Business Guide s 111J of the Corporations Act

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Company names

A person who wishes to form a company with a name other than is ACN (Australian Company Number) must ensure that the proposed name is not an unacceptable name; identical to the name of an existing company or an existing registered business name. The company name requirements are discussed in  Understanding Company Law  [2.355]-[2.400].

Persons wishing to form a company with a name other than its ACN should ensure the proposed name is available. The ASIC website provides a Check Name Availability search.

Schedule 6 of the Corporations Regulations – availability of names

Section 150(1) permits certain companies to omit the word ‘Limited’ from their name if this has been authorised by ASIC. See ASIC Regulatory Guide RG 50 – Omission of ‘Limited’ from Company Names

ASIC allocates an ACN (Australian Company Number) upon registering a company. Click here for ASIC information on Australian Company Numbers

ASIC provides information about Australian Business Numbers (ABN’s).

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Post-registration requirements

There are a number of further requirements that must be carried out soon after a company is formed. These requirements are discussed in  Understanding Company Law [2.445] – [2.510].

ASIC’s checklist for registered companies and their officers summarises the document lodgment requirements of the Corporations Law.

ASIC fees for commonly lodged documents.

ASIC Info 76 ‘What books and records should my company keep?’

Download ASIC forms and notices (from the ASIC website).