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Australian Corporate Governance (ACG) : Australia

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  • Glen Falting

    Glen Falting

    Glen Falting is the Founder and CEO of Australian Corporate Governance (ACG). Glen is a qualified lawyer and has been helping clients to conduct cross border business and international operations fo...

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  1. Starting a new business in India

    I run a UK business and my fellow Director is an Indian National (I am a British citizen).We now want to launch our company in India and I am struggling to make any progress with the Indian High Commission. Can anyone help me with the process. I have twice visited the commission in London and wasted hours of time due to their complete lack of organisation.I will appreciate any help to make

    Total Posts: 9 Last post by Mohammed020

  2. starting a business

    Hi There!I was looking to bring in a skincare range from America to sell in UK, what legal procedures do I need to abide by? ie. licensinglaws, testing etc

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Australian Corporate Governance (ACG)

Set-Up for Success from Day-One

At Australian Corporate Governance (ACG), we know from our own experience in operating across international borders that different business practices, time zones, culture and language can make even the simplest task difficult. Working with trusted, locally based advisors like ACG to set up your business so that it meets all local legal, regulatory, tax and cultural expectations will give your new business every chance to succeed.

ACG draws on more than 20 years of experience in supporting international business development. Some of the cities our team have called home include London, Tokyo, Hong Kong, Dubai, and Singapore. We understand the challenges and opportunities generated by doing business across international borders and our services are informed by the commercial realities of doing business in the international market-place. We are determined to contribute to your success by supporting you at every stage of your journey. Our pragmatic approach is focused on achieving ethical, sustainable and mutually beneficial outcomes for your lasting business success.

ACG has access to an exceptional range of expertise and know-how to support new business operations in Australia. We work closely with a talented team of service providers and consultants with the skills and industry knowledge necessary to create a mutually supporting network to help our clients succeed, including:

  • Legal advice and commercial contract negotiations
  • Regulatory compliance and operational risk management
  • Tax and accounting
  • Business investment opportunities
  • Business development assistance
  • Finance
  • Real estate
  • Marketing
  • Website design and brand development
  • Import/Export brokerage
  • Visa and immigration services

At ACG, we focus on delivering practical solutions. We work hard to bring a down-to-earth perspective and provide all the advice and support you need to succeed. We know how important it is to be flexible and adaptable, our services and packages can be mixed and matched to meet your specific needs.

Start Your Business

Our Company Incorporation and Business Establishment services provide you with everything you need to successfully establish a fully compliant and incorporated business in Australia.

Our services include:

  • The establishment of an Australian corporate entity with the Australian Securities Investment Commission (ASIC)
  • Production of corporate documentation such as Company Constitution and Shareholders’ Agreements
  • Application for an Australian Business Number (ABN) with the Australian Business Register – required to conduct business in Australia
  • Registration of your company for Goods and Services Tax (GST) with the Australian Tax Office (ATO)
  • Trademark registration with IP Australia
  • Pay as You Go (PAYG) registration – required if you intend to hire local staff or make interest payments into an offshore account
  • Assistance with the establishment of a local business banking account
  • Company compliance and ASIC documentation service
  • Corporate secretarial services
  • Preferential pricing for legal and accounting support from our affiliated service providers
  • Provision of a Registered Office in Australia (including postal receipt and telephone reception if required) in a well-recognised and highly sought-after corporate address

The most common corporate structure used when doing business in Australia is a Proprietary Limited (Pty Ltd) company. There are a range of corporate structures and company types available including a limited liability public company, a branch of a foreign parent and registered foreign company. Our legal and accounting affiliates work with you to determine the structure that delivers the optimum legal, tax and operational outcomes for your enterprise.

The team at ACG has experience in working with clients from a wide range of countries and circumstances. We take the time to ensure that we provide a complete corporate solution that meets your needs.

Support Your Business

Good governance and management are crucial components to any business success. At ACG we provide you with the support you need to achieve your business goals in Australia.

ACG’s Governance Support Services include:

  • The appointment of an experienced and Australian-based Resident Director.
  • The services of a dedicated Company Secretary to expertly manage the local company’s compliance, legal and regulatory requirements.
  • Administrative and secretarial support for the generation and completion of required reports, returns and documentation

Australian Legal Requirements: Resident Director

The Australian Corporations Law stipulates that companies incorporated in Australia must have at least one Director resident in Australia. The Australian Corporations Law imposes significant obligations and responsibilities in a Company Director.

The director residency rule can be a major hurdle for overseas businesses wishing to establish a subsidiary or other business presence in Australia. ACG provides a cost-effective and seamless solution to meet this requirement for our clients through the appointment of a Resident or ‘Nominee’ Director. This arrangement allows you to establish a corporate presence in Australia quickly and with minimum upfront cost.

Due to Australian regulations, a Company Director is responsible for significant aspects of the business, regardless of whether he or she is appointed in a nominee capacity, or as an actual Managing Director.

Resident Directors

Resident Directors provided by ACG perform the duties that are ordinarily required to be performed by a Director under the Corporations Act, including:

  • Sign documents for filing with local regulatory authorities such as ASIC and ATO
  • Act as the point of contact for regulatory authorities and financial institutions
  • Act as the authorised representative of the company in Australia

A Resident Director is not expected to be actively involved in the day-to-day commercial operations of the local company beyond the extent necessary to discharge their legal responsibilities, including:

  • Acting in good faith in the best interests of the company and for a proper purpose
  • Exercising care and diligence
  • Avoiding conflicts between the interests of the company and the Director’s personal interests
  • Preventing the company trading while insolvent

Corporate Secretarial and Administrative Support

ACG is able to provide the dedicated services of a Company Secretary to manage the local legal and regulatory requirements for company compliance. Tax and accounting services and appropriate Director’s insurance arrangements are also in place. ACG assists also Resident Directors and clients by providing administrative support for the generation and completion of required reports, returns and documentation.

This support includes:

  • Organising and conducting board and shareholder meetings
  • Preparing and lodging official forms with State and Commonwealth authorities
  • Maintaining statutory registers
  • Managing all correspondence and communication with authorities such the ATO and ASICRegistered office and reception services

Contact Details

Glen Falting
Level 27 Santos Place,
32 Turbot Street
Brisbane
Queensland
4000
Australia

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Tel
+61 (0) 7 3181 4305

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