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Corporate Services
At Forbes Holland, we provide comprehensive corporate services to keep your business compliant and protected.
Navigating the Corporations Act 2001 is essential to maintaining integrity and avoiding risk. Our experienced team simplifies corporate governance, reporting, and regulatory requirements, helping you stay on track with confidence.
Partner with us to safeguard your business and stay compliant in an ever-evolving regulatory environment.
Registered ASIC Agent
As a registered ASIC agent, we help companies meet their obligations under the Corporations Act 2001 and related legislation.
We act as your link to ASIC—lodging annual returns, updating company details, and ensuring all filings are accurate and on time. Our team simplifies corporate governance, guiding you on compliance and best practice.
With our support, you reduce risk, maintain good standing with ASIC, and meet your legal obligations efficiently.
Registered Director and Office Services in Australia
Australian companies must meet residency requirements for its officers.
We can appoint experienced, Australia-based Resident Directors, Company Secretaries, and Public Officers to manage your compliance and regulatory obligations.
Our appointees act in your company’s best interests and represent shareholders with regulators. With deep governance expertise, we help you stay compliant and protect your business—no matter its size.
Frequently Asked Questions
What is an Australian Resident Director? According to the Corporations Act 2001, all companies in Australia, both public (ending with “Ltd” or “Limited”) or private (ending in “Pty Ltd”) require one or more directors who “ordinarily reside” in Australia. Private Companies require a minimum of one director, including at least one who must be a Resident Director (s201A(1)). There is no requirement for a Company Secretary in a private company, though if one has been appointed, they must also be a resident of Australia (s204A(1)). Public Companies require a minimum of three directors, two of whom must ordinarily reside in Australia (s201A(2)). Public companies are also required to appoint at least one Company Secretary who must reside in Australia (s204A(2)).
Who can be a director of an Australian company? The person must be over 18 years of age, and they must provide their consent A private company or proprietary company will need to have at least one director who must ordinarily reside in Australia The law does not allow you to a director of a company (without court consent) if: You are currently bankrupt You are still subject to a personal insolvency agreement or composition under the Bankruptcy Act 1966 Have been convicted of offences like fraud or breaching your duties as an officeholder
Can a non resident be a director of an Australian company? Yes, a foreign tax resident can be a director of an Australian company provided that they fulfil all the eligibility requirements for directorship, and that the company also has a resident director appointed.
What are the consequences of not having a resident director? If a company does not have the requisite number of resident directors, it will be in breach of the Corporations Act 2001. This could result in the company paying penalties or being prosecuted for not meeting its statutory obligations.
What does it mean to ‘ordinarily reside’ in Australia? ‘Ordinarily resides’ is not a concept defined by the Corporations Act 2001 and the Australian Securities & Investments Commission (ASIC) has not provided guidance on what constitutes a resident of Australia. It is up to the individual to determine whether they ‘ordinarily reside’ in Australia, taking into account all circumstances, including their tax residency, citizenship or right of residence, domicile, home address, etc.
Why do directors need a director ID? Shareholders, employees, creditors, consumers, external administrators and regulators are entitled to know the names and certain details of the directors of a company. All directors are required by law to verify their identity with us before receiving a director ID. This is important because it will help to: Prevent the use of false or fraudulent director identities Make it easier for external administrators and regulators to trace directors’ relationships with companies over time Identify and eliminate director involvement in unlawful activity, such as illegal phoenix activity. Illegal phoenix activity is when a company is liquidated, wound up or abandoned to avoid paying its debts. A new company is then started to continue the same business activities without the debt. When this happens: Employees miss out on wages, superannuation and entitlements Suppliers or sub-contractors are left unpaid Other businesses are put at a competitive disadvantage The community misses out on revenue that could have contributed to community services.
Is a director identification number mandatory? From on 1 November 2021, new legislation mandates that all company directors must apply for and hold a valid ‘Director Identification Number’— otherwise known as a Director ID. Company directors are required by law to apply for a director identification number (director ID). A director ID is a unique identifier that a director will apply for once and keep forever – which will help prevent the use of false or fraudulent director identities. All directors of a company, registered Australian body, registered foreign company or Aboriginal and Torres Strait Islander corporation will need a director ID. When you must apply depends on when you were appointed as a director: New directors appointed for the first time between 1 November 2021 and 4 April 2022 must apply within 28 days of their appointment From 5 April 2022, intending new directors must apply before being appointed Directors appointed before 1 November 2021 have until 30 November 2022 to apply.