Jurisdiction(s):
United Kingdom

Australia: Proprietary Limited Companies (Pty Ltd) — Incorporation, Governance, Ownership, Compliance and Taxation — Multilaw Global Business Entities Guide (as at 13 January 2023)

Published by a LexisNexis Corporate expert

Practice notes

This Practice Note forms part of a cross-border guide that examines essential aspects of creating specific business entities in global jurisdictions. Leading law firms within the Multilaw network respond to key questions on this subject. The guide outlines principal considerations when establishing a privately owned company in Australia. Current as at 13 January 2023. Author: Paul Kirton, Macpherson Kelley, a Multilaw member firm.

Common entities

Which form of entity is addressed in this questionnaire, and which other forms commonly used in this jurisdiction are covered elsewhere? This response concerns the privately owned company (Pty Ltd Company). The trading trust is considered in a separate response.
Identify other entity types that exist in your jurisdiction but are not addressed here at this time:
- Public company
- Partnership/limited partnership
- Incorporated association
- Foreign entities can also trade in Australia via a branch office, provided it is registered.
Given the regulatory and compliance load, and the liability of a resident Australian agent, operating through an Australian subsidiary company is generally preferred.

General principles

3. What is the main source of...

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