When incorporating a company in Australia, you must provide ASIC with the following:
- Address details for the company’s registered office and principal place of business;
- Residential address of each officeholder in the company; and
- Address for each member/shareholder of a proprietary company (in the case there are less than 20 members/shareholders).
You may also provide ASIC with a separate contact address if the company chooses to have one. ASIC may also request additional information including your phone number and email address.
Below, we highlight ASIC’s requirements in providing a company’s contact details, the requirement to notify ASIC of any changes and what information a third party can view when completing a company search on ASIC’s register.
1. Registered Office Address
To incorporate a company, ASIC requires you provide a physical address to send and serve official documents and communications to the company. This is known as your registered office address. The registered office address cannot be a post office box address. You can either include your physical residential/office address or your registered agent’s physical business address (provided you receive your registered agent’s prior written consent). If the registered office address changes, you will need to complete an ASIC Form 484 (Change to Company Details) and lodge the Form with ASIC within 28 days of the change of address.
2. Principal Place of Business
When incorporating a company, ASIC will also require the company’s principal place of business address. Again, this must be a physical address and cannot be a post office box address. You will need to follow the same procedure above in relation to the Form 484 (Change to Company Details) if the company changes its principal place of business.
3. Contact Address
If you don’t have a registered agent, you can nominate a contact address for ASIC to send correspondence to by completing an ASIC Form 486 (Notification by a Company to Nominate or Cease a Registered Agent or Contact Address). This address can be a post office box.
4. Company Officeholder’s Residential Address
When incorporating a company, you must provide ASIC with the residential address for each director, alternate director, and company secretary. The residential address cannot be a post office box address.
Requesting an Officeholder’s Residential Address Remain Private
In some cases, an officeholder may request that their residential address remains private. Reasons for this include that the officeholder:
- Has a silent enrollment status by the Australian Electoral Commission, or
- Is not recorded on an electoral roll in Australia.
If it is the latter reason, ASIC will decide whether including the officeholder’s usual residential address on the corporate register may put at risk the officeholder’s personal safety or the personal safety of family members. To make such an application, the officeholder will need to complete either an ASIC Form 378 (Application to Use An Alternative Address) and/or a Form 379 (Request to Suppress Residential Address or Change Residential and/or Alternative Address).
5. Address on Business Documents
For the company’s marketing materials and business documents, you may choose to use your registered office address, principal place of business address or your post office box address. We recommend you exercise caution if you do choose to use your personal address on these documents due to privacy reasons.
6. Member/Shareholder Addresses
When providing a member/shareholder address to ASIC, the member/shareholder can choose to provide either its street address or a post office box address. The member/shareholder will need to follow the same procedure outlined above but this time, fill in Form 484 (Change to Company Details) if the member/shareholder changes its address.
7. Email Addresses
When incorporating a company, you may choose to provide ASIC with your email address. ASIC does not publically display this address. We recommend using a business email address on your marketing materials and your business documents for privacy reasons (it also looks more professional).
8. Phone Numbers
You can use your mobile phone number as your contact phone number when incorporating your company with ASIC. ASIC does not publically display this figure. We again encourage you to exercise caution if you choose to use your personal phone numbers on marketing or business documents. It looks more professional if you have a business phone number that people can contact and also helps protect your privacy.
What Contact Details Can People See if they Conduct a Company Search?
Anyone can undertake a search in respect of a company on the ASIC website, which will show the following information:
- The company’s registered office address;
- The company’s principal place of business;
- Incorporation details;
- Historical details on the company; and
- Director and shareholder information including date of birth and address.
- As mentioned above, your email address and phone numbers will not be visible on this search.
It is important to be aware of ASIC’s requirements in providing contact details and ensuring that you keep ASIC up to date if any of these change.
Questions? Get in touch with LegalVision’s commercial lawyers on 1300 544 755.