An Australian Company Number (ACN) is a number issued by the Australian Securities and Investments Commission (ASIC). When you incorporate a company, you will receive an ACN to identify your company. Certain documents will require you to state your details such as your ACN and business name. You should be aware of which documents require this and what your obligations are. This article will outline some of the key documents on which you need to include your ACN and company name.
What Is an ACN?
If your entity name ends in Pty Ltd or Proprietary Limited, you have registered a company. In this case, you will have been issued an ACN. An ACN is different to an ABN (Australian Business Number) as an ABN can be issued to anyone carrying out business activities, such as a sole trader. An ACN is purely for companies.
Including your ACN and company name on certain documentation is important, as it allows other businesses and people to identify you. As many companies have similar names and subsidiaries, ACNs help to reduce fraud because they make it possible to clearly identify your company.
Which Documents Must Display My ACN?
Generally, your company’s ACN should appear on all of your:
- ‘public documents’ (i.e. documents that are available for public use or reference); and
- ‘eligible negotiable instruments’ (i.e. documents that promises a certain payment, such as a contract or order for service).
Your company name and ACN should appear next to each other on the first page of the document. The ACN can be displayed in several ways, but it must be clearly written and displayed. You may write:
- ‘Australian Company Number’;
- ‘ACN’; or
If your company has an ABN, you can use this number alongside your company’s name instead of the ACN on company documents and negotiable instruments if your ABN:
- contains your ACN; and
- is presented in the same way that you would present your ACN.
Below are some examples of common documents that require your ACN and company name.
Any Documents That You Lodge With ASIC
This will include documents such as:
- share transfer forms;
- company name change forms; and
- forms to change the director of a company.
Invoices and Statements of Accounts
When you issue invoices, your clients need to ensure that they pay the correct company. Including your ACN allows clients to identify you.
A handwritten receipt must contain your ACN so that the purchaser knows who they have purchased the product or service from.
Order Forms for Goods and Services
Similarly, if you are ordering goods or services for your business, the supplier should be able to identify who they are providing their goods or services to.
Business Letterheads and Other Official Documentation
Business letterheads are considered public documents and therefore must contain your ACN. Although there is no legal requirement to contain other information, many businesses will include details such as the business’
- operating address;
- contact email address; and
- phone number.
This allows their clients and service providers to contact them easily.
Official Company Notices
This includes tax returns and any disclosure notices that supplier companies issue about defective goods.
Cheques, Promissory Notes and Bills of Exchange
Any company that enters into a transaction should be easily identifiable.
Written Advertisements Which Provide an Offer
As a general rule, an advertisement is not an official notice unless you must publish it according to:
- your company’s constituent documents (i.e. your company constitution); or
- Australian laws.
For example, under Australian corporations, you must provide notice to your company’s shareholders of a proposed share-buy back.
Which Documents Do Not Require My ACN?
Not all documents will require your ACN. For example, your ACN does not have to be printed on:
- machine, cash-register or software generated receipts;
- advertisements that promote the company without making any specific offer;
- credit cards or vouchers;
- materials which are not documents (e.g. signs or television advertisements);
- packaging and labelling; or
- business cards or ‘with compliments’ slips.
Your ACN is an important identifier for your company. You must include your ACN or ABN wherever necessary so that other businesses and the public know who they are dealing with. You may also face harsh penalties if you do not display your company name and ACN where you should. As a general rule, you should include your company name and ACN on any public documents or negotiable instruments. If you need assistance with your corporate compliance, call LegalVision’s Business lawyers on 1300 544 755 or fill out the form on this page.
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