Registering a foreign company in Australia

To trade in Australia, a foreign company (Foreign Company) must be registered under Part 5B.2 of the Corporations Act 2001 (Cth)(Act). Section 601CD of the Act provides that a Foreign Company may carry on business in Australia if it is registered under Division 2 of Part 5B.2 of the Act.

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What is a Corporate Governance Framework?

The term ‘corporate governance’ is often bandied about, but rarely explained in the context of a framework which can be applied to a variety of enterprise types.

So what is it?  Corporate governance is traditionally thought of as the way in which enterprises are directed and controlled.  More recently, corporate governance has been defined as the framework of rules and procedures by which the decisions in an enterprise are made, and how the controllers and held accountable for them.  The term, ‘enterprise’ refers to all types of associations, companies, trusts and other hybrid entities that provide a product or service (Enterprise).

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Raising capital without disclosure (prospectus)

Last updated 25 August 2015
The general rule provided in the Corporations Act 2001 (Cth) (Act) is that you can’t raise capital in Australia without issuing a disclosure document.  Disclosure is generally thought of as being a prospectus but there are also other allowable forms of disclosure documents.  Chapter 6D of the Act contains what is  widely referred to as the “fundraising provisions” which regulate the way in which capital can be raised in Australia without issuing a formal disclosure document.

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Is your ACN on all your public documents?

In Australia every company is issued with a unique, nine-digit number known asan Australian Company Number (ACN).  The ACN must appear on all public documents.  The purpose of the ACN is to ensure that companies are identified when conducting business transactions.[1]  On registration, new companies are issued with an ACN by the Australian Securities & Investments Commission (ASIC).[2]

Section 153 of the Corporations Act 2001 (Cth) (Act) provides that a company must set out its name and ACN on all its public documents and negotiable instruments.

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