Reasons to have a registered office

A requirement upon incorporation is that a company has a registered office in Australia and that the Australia Securities and Investments Commission (ASIC) be duly notified of the location.

This is the place where all official notices and communications are normally sent. Should the registered office change, ASIC must be notified within one month. Due to recent case law and legislative changes, this should not be ignored.

A company director is in some circumstances deemed to have received a notice if it is
sent to the last known address.

This can have terrible consequences in relation to the Australian Taxation Office’s (ATO) directors’ penalty regime for PAYG and Superannuation.

We have seen liquidators act in two cases:

1. They were overseas and people at home had little business knowledge. It cost a Supreme Court case and $100,000 to overturn it.
2. They had moved address and the old address didn’t forward papers. Letters were sent by the liquidator to all his clients advising of closure.

Always advise your registered office of your travel details.

Contact our team on 1300 448 303 and arrange a free, no obligation meeting to discuss registering your office as detailed above.

Date published 25 Jan 2017

This article is intended to inform rather than advise and is based on legislation and practice at the time. Taxpayer’s circumstances do vary and if you feel that the information provided is beneficial it is important that you contact us before implementation. If you take, or do not take action as a result of reading this article, before receiving our written endorsement, we will accept no responsibility for any financial loss incurred.