Company Incorporation $1,000

Are you eligible to be a company director?

The Corporations Act requires that directors are 18 years of age or over. Individuals can be disqualified from being a company directors or SMSF trustees for the same reasons if they are:

  • bankrupt, or
  • have been convicted of certain types of offences under s206B of the Corporations Act, or
  • have been convicted of certain types of offences under s32(1) of the Business Names Registration Act 2011.

If a person has been convicted of certain types of offences they are automatically disqualified from managing a company for five years.

ASIC can also disqualify or ban a person from being a company director for up to five years if:

  • if the person was involved in two or more failed (liquidated) companies in the last seven years, and
  • a liquidator has lodged a report with ASIC about the companies' inability to pay its debts.

For a corporate trustee the fund must:

  • have a maximum of four directors/members
  • each member of the fund as a director of the company
  • have no member who is an employee of another member, unless they are related
  • not make payments to the corporate trustee or directors for acting as trustee/directors

Before starting a company it's important to know the steps involved in starting a company:

  • deciding what company structure is right for you
  • choosing a company name
  • deciding how to operate your company
  • understanding your legal obligations as an officeholder
  • getting the consent of those involved in your company
  • registering your company, and
  • understanding your legal obligations regarding your company name, Australian Company Number (ACN) and Australian Business Number (ABN).

To find out details regarding steps involved in starting a company please use this link "How to Start a Company"

Some of the benefits of appointing a Corporate Trustee for the SMSF are:

  • Majority of financial institutions will require fund to have a Corporate Trustee to allow limited recourse borrowing arrangements (LRBA) or will lend more money to SMSFs with a Corporate Trustee. Please note that some lenders will not accept a trading company as a valid structure for a SMSF Corporate Trustee!
  • SMSF with a Corporate Trustee will not require the name change for the assets, bank account, share trading or similar accounts in case of the membership/trusteeship changes.
  • SMSFs with a Corporate Trustee only pay one penalty to the ATO in case of SIS Act breaches, in comparison with the individual trustees SMSFs, where each individual trustee is liable for the penalty and pays the full amount. For example: SMSF with 4 individual trustees penalized by the ATO with the maximum penalty of $10,200 means that all 4 trustees will individually have to pay $10,200 amounting to in total to $40,800 for the 4 trustees. SMSFs with a Corporate Trustee, is required to pay the maximum penalty of $10,200 in total, irrespective of the number of directors in the fund.
  • Personal liability as a director of a corporate trustee is generally limited to the assets held within the SMSF. This could be important if property is held within the SMSF.

SMSF can opt to appoint a corporate trustee as "sole purpose superannuation" or "trading" type of a company. If the only purpose of the company is to be trustee of a SMSF "sole purpose superannuation" type of company is a better option for several reasons:

  • Lending institutions require SMSFs to have corporate trustee as "sole purpose superannuation" type of company
  • "sole purpose superannuation" type of company is not required to obtain an ABN nor TFN
  • annual tax return is not required for this company type
  • they pay substantially lower annual ASIC fee.

Company Incorporation Including ASIC fee $1,000 (GST incl.)

Company Registrations package includes:

  • Certificate of Registration - which shows the ACN (Australian Company Number), the date of registration, and the registered company name
  • the company's Constitution
  • Consent to act as Director
  • Consent to act as Secretary
  • Application for shares
  • Minutes of a meeting of directors
  • Share Certificates
  • Consent to act as Public Officer
  • Notice of appointment of Public Officer

If you are not disqualified from being a company directors and want to incorporate a "solo purpose superannuation" or a "trading" company download an application form from the list below,:

Adobe Acrobat Format (PDF)

Company Incorporation Including ASIC fee and SMSF Setup $1,345 (GST incl.)

If you are not disqualified from being a company directors and want to incorporate a company and setup a SMSF download an application form from the list below,

Company Incorporation Including ASIC fee, SMSF Setup and First Annual Administration $2,645 (GST incl.)

If you are not disqualified from being a company directors and want to incorporate a company, setup a SMSF and have first annual administration of your fund done by SuperEasy download an application form from the list below:

The information presented here should be considered general in nature and for information purposes only. You must seek your own independent advice about your particular situation!

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