Foreign companies which intend to carry on business in Australia and have a place of business in Australia, such as a branch office or establishes or uses a share transfer office or share registration office in Australia or administers, manages or deals with property in Australia as an agent or as a legal personal representative, must register as a foreign company with the ASIC under Part 5B.2 of the Corporations Act 2001 (“the Corporations Act”).
Following are the 5 steps to follow while registering as a foreign company in Australia:

  1. ensure the name of the foreign company wishing to register is available;
  2. reserve a name;
  3. complete the relevant application form;
  4. assemble the accompanying documents; and
  5. lodge the form and associated documents with the prescribed fee.

To register with ASIC, a foreign company needs to appoint at least one local agent, either a person resident in Australia or an Australian company who is authorised to accept notices and service of process on behalf of the foreign corporation, responsible for ensuring compliance with the Corporations Act and who may be personally liable for penalties imposed for breaches of the Corporations Act.

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