How to Register a Company with ASIC in Australia:

A Guide for Startup Founders

Registering a company with ASIC isn’t just a formality — it’s the moment your business becomes a legal entity. Get it right, and you unlock bank accounts, investor interest, and credibility.

Get it wrong, and you risk delays, compliance issues, or expensive fixes down the track.

In 2021, an early-stage fintech in Melbourne rushed to register their company — only to realise too late that their chosen name was too similar to a competitor’s trademark. ASIC flagged it, and they were forced to rebrand just weeks before pitching to investors. The result? Missed funding, lost credibility, and months of wasted momentum.

Registering your company is a foundational step — and one you want to get right the first time. 

Here’s how to do it properly, step by step.

What Is ASIC and Why Does It Matter?

ASIC is the Australian Government body that oversees company registration, financial reporting, and corporate law. If you want to run a business as a company (Pty Ltd), you must register with ASIC.

Here’s what ASIC handles:

• Company name registration

• Issuing your ACN (Australian Company Number)

• Business structure records

• Regulatory compliance

• Financial reporting and auditing oversight

Unlike registering a business name with the ABR, ASIC registration makes your company a separate legal entity.

That means:

• You can enter into contracts as a company

• You have limited liability (your personal assets are protected)

• You’re taken seriously by banks, clients, and investors

Important: Registering with ASIC (for your ACN) is not the same as getting an ABN. You’ll need both — but they come from different places.

Difference between ACN and ABN for Australian companies

Aspect	ACN (Australian Company Number)	ABN (Australian Business Number)	Notes / Use-cases
What it is	9-digit company identifier.	11-digit business/tax identifier.	Different numbers; different purposes.
Who issues	ASIC (on company registration).	ABR/ATO via business.gov.au.	Separate agencies.
Who needs it	Companies (Pty Ltd, Ltd).	Any entity carrying on an enterprise (sole trader, company, trust, partnership).	A company typically has both.
When obtained	At ASIC registration.	After incorporation (or for sole traders, on ABN application).	Sequencing often: ACN → ABN.
Primary use	Corporate/legal identity; ASIC records.	Tax & invoicing; GST/BAS, ABN Lookup.	ABN appears on tax invoices.
Display on documents	Must display ACN or ABN on public company docs.	ABN on tax invoices and many business docs.	If ABN shown, ACN may be omitted from some docs.
Where to search	ASIC Registers.	ABN Lookup (abr.business.gov.au).	Public visibility differs.
Format	9 digits (e.g., 123 456 789).	11 digits (checksum + 9-digit body).	For companies, ABN’s last 9 digits usually match the ACN.
Legal effect	Confirms separate legal entity status.	Identifies entity for tax purposes.	ACN ≠ ABN; they work together.
Fees & renewal	Fee to register a company; annual ASIC review fee.	Free to register; update when details change.	Ongoing ASIC duties vs ABN updates.
Common mistakes	Using ACN where ABN is required on invoices.	Thinking ABN equals a company registration.	Use the right number for the right context.
Examples	“YourCo Pty Ltd — ACN 123 456 789”	“ABN 12 345 678 901” on invoices/website.	Show ABN on tax invoices as standard.
Aspect	ACN (Australian Company Number)	ABN (Australian Business Number)	Notes / Use-cases

(General info only — get advice from an Australian accountant/lawyer for your situation.)

Why Registering a Company with ASIC Is a Smart Move

Legal Protection

Setting up a Pty Ltd structure protects your personal assets. You’re not personally liable for company debts (within legal limits).

Easier Access to Finance

Banks and investors want to deal with companies, not individuals. ASIC registration proves you’re a real operation.

Professional Image

Being “YourCompany Pty Ltd” looks serious. It helps build trust with customers, suppliers, and collaborators.

Set Up for Growth

If you plan to scale, hire, or bring on shareholders, ASIC registration is essential. It’s the foundation for equity, shares, and proper governance.

What You’ll Need Before You Register

Before starting your ASIC application, gather:

• Proposed company name (plus 1–2 backups)

• Company structure: directors, shareholders, officeholders

• Registered office address (can be different from business location)

• Share structure (number and class of shares)

• Details of directors and shareholders (ID, address, date of birth)

• ABN (can apply after ASIC, but plan both at the same time)

Mentor Tip: Don’t just check ASIC’s name search — also run it through IP Australia’s trademark tool. Names are cheap. Rebrands are not.

How to Register with ASIC: Step-by-Step

Step 1: Choose Your Company Structure

Most startups go with a Pty Ltd (proprietary limited) company. It offers limited liability and suits most early-stage ventures.

Mentor Tip: Avoid public company setups unless you’ve got legal advice and a big vision.

Step 2: Confirm Company Name Availability

Use ASIC’s Name Availability Search.

Don’t forget:

• Check trademarks too

• Make sure your domain and social handles are free

• Avoid names that are too similar to existing brands

  
  

Step 3: Decide on Shareholders and Share Structure

You’ll need to:

• Allocate shares (how many, to whom)

• Define share classes (ordinary shares are common for startups)

Mentor Tip: If unsure, start simple—100 shares at $1 each split between founders.

Step 4: Prepare Company Details

Have on hand:

• Officeholder names and addresses

• Company address (registered office)

• Contact email

Mentor Tip: You can use a service address if you don’t want your home address on public records. A simple Google search will reveal one in your area.

Step 5: Register Online via ASIC or a Service Provider

You can register:

• Directly with ASIC online ($538 fee as of 2025) issued after payment

• Through a registered agent or platform (some charge extra but streamline it)

Get your ACN instantly, and within hours you’ll be issued company documents.

Step 6: Apply for an ABN (If You Haven’t Already)

Use the ABR website or register at the same time through a service.

Step 7: Set Up Company Records

Once registered, you’ll receive:

• ACN (Australian Company Number)

• Certificate of registration

• Company constitution (if you selected replaceable rules, this may be optional)

Comparison Table: Constitution vs Replaceable Rules

Aspect	Constitution	Replaceable Rules	When to Choose
Source of rules	Custom document adopted by the company.	Default rules in the Corporations Act.	Constitution for custom needs; replaceable for simple setups.
Flexibility / Customisation	High — tailor voting, pre-emptive rights, vesting, ESOP, drag/tag.	Low–Medium — one-size-fits-most; limited tailoring.	If raising capital or adding co-founders, choose constitution.
Complexity & cost	Requires drafting; upfront legal cost.	No drafting cost; “switch on” at registration.	Bootstrapping? Replaceable rules are fine short-term.
Changing later	Amend via special resolution (usually 75%).	Can adopt a constitution later by special resolution.	If change is likely, plan now (saves re-papering later).
Investor readiness	Investor-friendly — supports protections and rights.	Often not investor-ready; will need upgrades.	Expecting investors? Start with a constitution.
Dispute clarity	Clearer — bespoke clauses reduce ambiguity.	More ambiguity; relies on statutory defaults.	Use constitution to reduce grey areas.
Governance features	Can include drag/tag, pre-emptive rights, founder vesting, ESOP.	Not expressly provided; must rely on shareholders’ agreement.	Use constitution to align with your SHA.
Speed to incorporate	Slightly slower (need a doc ready).	Fastest path to register.	Replaceable rules if you need fast incorporation.
Ongoing admin	Same ASIC duties; follow your constitution.	Same ASIC duties; follow replaceable rules.	No difference to ASIC obligations.
Best for	Startups planning to scale, raise capital, or share equity.	Solo founder, micro business, low risk, short-term.	Choose based on growth horizon, not just today.
Key risk	Poor drafting if DIY.	Gaps vs your real-world needs (later re-papering).	Get advice either way.

(General info only — get advice from an Australian accountant/lawyer for your situation.)

What It Costs and How Long It Takes

Here’s what to budget for:

• ASIC Company Registration: $538

• ABN registration: Free

• Optional platform service fee: $50–$150

• Domain name: $20–$40/year

• Trademark (if registering name/logo): $250+ per class

Time: Registering with ASIC can take as little as 15–60 minutes online if you have all the details ready.

Common Mistakes Business Owners Make

Registering the wrong structure 

You’re not “just a freelancer.” Stop hiding behind a sole trader setup if you're building a real company. Pty Ltd exists for a reason—use it.

Choosing a name without checking 

Found a name you love? Cool. But if you didn’t check ASIC and trademarks, you might be building someone else’s brand. That’s expensive.

Guessing your share split 

Don’t just say “50/50” because it feels fair. Understand what that means for decision-making, voting, and dilution later.

Listing your home address publicly 

Unless you love spam and cold calls, use a service address for your registered office.

Using cheap services without reading the fine print 

Some agents skip issuing proper legal documents. You think you’re saving money—until you need a shareholders agreement or constitution, and it’s missing.

What to Do Right Now

✅ Download: ASIC Company Registration Checklist & Post Registration Guide.

Your quick-start tool for business owners ready to set up the right way. Built for Australian startups. [Download from ProDesk.com]

✅ Need help? Book with Noize 

Noize takes the guesswork out. They’ll set it up, explain what it means, and help you map a structure that supports growth—not just compliance. [Book at Noize.com.au]

✅ Get the full StartUp Deck 

Everything you need to launch with clarity—templates, strategy, legal and financial tools. Created by founders, built for businesses ready to grow theStartUpDeck.com

The Bottom Line

Registering with ASIC is more than paperwork — it’s the moment your business becomes real in the eyes of the law, investors, and customers.

Do it wrong and you’ll waste time, money, and credibility.

Do it right, and you’ve got a strong legal foundation to grow on.

Frequently Asked Questions (FAQs)

1. How do I register a company with ASIC in Australia?

Choose a structure (usually Pty Ltd), confirm your name, and submit via ASIC’s portal with director/shareholder details and a registered office. Takes 15–60 minutes and costs $538 (2025).

2. What’s the difference between registering a business name and registering a company with ASIC?

A business name lets you trade, but doesn’t create a legal entity. An ASIC-registered company (Pty Ltd) is its own entity with limited liability and an ACN. Serious growth = company.

3. Can I register a company with ASIC without an ABN?

Yes, but you’ll need an ABN shortly after. Many providers let you register both together.

4. How much does it cost to register a company in Australia with ASIC?

$538 standard ASIC fee. Extras include domains, trademarks, or agent fees.

5. What documents do I need?

• Proposed company name (plus backups)

• Director and shareholder details

• Registered office address

• Share structure

• Constitution or replaceable rules