Public Company Structures
Public companies are administered by ASIC and governed by the Corporations Act 2001 (Cth) and the company’s constitution.
There are two main types of Public companies:-
Public Company Limited by Shares (LTD)
An ideal structure for capital raising to grow an idea where investors are seeking a higher level of reporting and accountability or wanting to list with ASX or an investment / equity listing board.
Public Company Limited by Guarantee (LTD)
An ideal structure for any not-for-profit and charitable entities registered with the Australian Charities and Not-for-profits Commission (ACNC) to operate throughout Australia. (Incorporated bodies are governed and limited at a State level)
Each member offers a ‘Guarantee’ to the company, such that a certain amount of money or asset will be contributed to the company when it is wound up. Members are not required to hand over the guaranteed amount or item upon registration.
It is also not permitted to distribute profits or assets to its members.
Public companies must adhere to certain requirements, including but not limited to:
The appointment of at least three directors, one secretary and at least one member (Private Company - Pty Ltd only requires 1 Director);
The lodgement of a company constitution with ASIC at the time of registration;
The maintenance of a register of directors and members, minutes of meetings and resolutions;
The appointment of a company auditor within one month of registration;
Having a registered office address that it open to the public for a certain amount of time each business day (The AHBC Address may be use - See Membership for details);
Holding an Annual General Meeting (AGM) at least once per calendar year and within five months of the end of a financial year.
For ATO details on "Not For Profits", Click Here.
For details on Deductible Gift Recipient status, Click Here.
Additional choices and information, click here
Setup of Public Company with a business name of your choice and if available. Also includes business name, trademark and domain name search.
Corporate binder, Constitution, Bank Pack, Shareholder register and share certificates.
For additional choices and information, click here
You need to provide:
Name for the Corporate Entity.
Names (As shown on their Tax Returns), Home addresses, Place of birth, Date of birth, Tax file numbers of all position holders and members. (shareholders)
Who will be Directors x 3, Secretary, Public Officer and Members (shareholders) of a corporate structure.
Number of share per members (shareholder) and value of each share and if they are paid, gifted or unpaid shares. Eg. 100 ORD x $1 Paid Shares.
Registration Address for your business to receive official and legal documents. (The AHBC Address may be use - See Membership for details)
Objectives of the corporations.
For "Limited by Guarantee" seeking Not For Profit status, a statement of what happens to assets of the corporation on winding up. Eg. Transfer assets and funds to another organisation with same objectives and Not For Profit status.
Confirm that no office holders are discharged director or office holder or have been a declared bankruptcy.
Non Member $1800