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Starting a business in Australia is an inspiring journey, but it comes with some essential formalities – one of the most important is obtaining an ASIC certificate of registration. This document isn’t just a piece of paper; it’s your official ticket to doing business as a registered company, opening business bank accounts, applying for licences, and building credibility with clients and suppliers.
But what exactly is an ASIC certificate of registration (sometimes called an ASIC business registration certificate or ASIC company registration certificate)? How do you get one? And what should you do if you need to get a copy down the track? As business lawyers who have helped thousands of Australian entrepreneurs set up their companies, we’ll walk you through what you need to know – step by step, in plain English – to make setting up your business as smooth as possible.
Let’s break down how to secure your certificate, why it matters, and the legal boxes you’ll need to tick along the way. Whether you’re launching your first company or expanding into new ventures, this guide will help you get your business off the ground – and registered the right way.
What Is an ASIC Certificate of Registration?
The ASIC certificate of registration (also known as a certificate of incorporation ASIC or certificate of registration ASIC) is the official document issued by the Australian Securities and Investments Commission (ASIC) when your company is successfully registered in Australia.
This certificate proves your business is legally recognised as a company under the Corporations Act 2001. It will include:
- Your company’s official name
- Your unique Australian Company Number (ACN)
- The registration date
- The company type (e.g. proprietary limited or “Pty Ltd”)
- Confirmation that the company is registered under Commonwealth law
Think of your ASIC certificate of registration as your company’s birth certificate – absolutely essential for proving your company legally exists and can operate in Australia.
Do I Need an ASIC Certificate of Registration?
Whether or not you need an ASIC certificate of registration depends on what type of business structure you choose:
- Sole Trader or Partnership: You won’t get an ASIC certificate of registration, as these structures are not “companies” under the law. You’ll still need an ABN and may need to register a business name, but this process is different and handled by the Australian Business Register (ABR).
- Company: If you want to trade as a proprietary limited company (“Pty Ltd”), you must register with ASIC, and you’ll receive an ASIC certificate of registration. This is also called an ASIC company certificate or ASIC certificate of business registration.
Registering as a company isn’t mandatory for all businesses, but it offers benefits such as limited liability, increased credibility, and a more professional structure if you’re looking to grow or bring in investors. Read more about the differences in our guide to business structures.
Why Is an ASIC Certificate of Registration Important?
There are several reasons why this certificate is crucial for your business:
- It proves you are a registered company: Essential for opening business bank accounts, applying for business loans, and signing contracts.
- Legal compliance: You can’t legally trade as a company in Australia without this registration.
- Cements your company’s identity: No one else can register a company with the exact same name while yours is active.
- Required for other registrations and licences: You’ll need to provide your ASIC certificate for processes like applying for an ABN, GST, or business licences.
How To Obtain Your ASIC Certificate Of Registration: Step-By-Step
If you’re keen to make your business official, here’s how to get your ASIC certificate of registration:
Step 1: Decide on Your Business Structure
This is a key decision, as it determines whether you’ll be registering with ASIC (for companies) or simply getting an ABN (for sole traders and partnerships). Setting up a company is more involved but offers important legal protections. Learn more about setting up a company structure.
Step 2: Choose and Reserve Your Company Name
Pick a unique name for your company. ASIC won’t allow you to register a company with a name that’s identical or too similar to an existing company or business name.
Before registering, search the name on ASIC’s register to ensure it’s available. For more tips, check out our guide on checking business name availability.
Step 3: Gather Required Company Details
Have the following ready:
- Proposed company name
- Details of directors and secretaries
- Registered office and principal place of business addresses
- Details of shareholders (members) and share structure
Step 4: Register Your Company With ASIC
You can register directly with ASIC online, through a private service provider (like a business registration service), or with help from a business lawyer to ensure everything’s done right. You’ll pay a company registration fee, and you’ll need to supply the documentation above.
Step 5: Receive Your ASIC Certificate Of Registration
After successful registration, ASIC will email you (or your provider) the official certificate in PDF format – usually within minutes to a couple of hours. This document is your legal proof of company registration, so keep it in a safe place (digitally and physically).
This certificate can also be called your ASIC certification, ASIC company registration certificate, or your ASIC record of registration certificate – different names, same important document.
Step 6: Complete Other Registrations And Set Up Your Operations
Once you have your ASIC certificate of registration, you can apply for your ABN, register for GST (if required), open your business bank account, and obtain any industry-specific licences. This certificate will be required as proof at each step.
How Do I Get a Copy of My ASIC Certificate of Registration?
Lost the certificate or need extra copies?
- After registration, the original PDF copy is sent to your registered email. Simply re-download or print from there.
- If you can’t find your copy, you can purchase another one through ASIC’s online services for a small fee. This is commonly asked as “how do I get a copy of my ASIC certificate?” or “how do I get a copy of my ASIC registration certificate?”
- Want a certified copy or ‘record of registration’? That’s available for purchase through ASIC’s website under ‘Company Statements’ or ‘Company Extract’.
- If you registered with a provider, you can also ask them to resend the certificate at no extra charge in most cases.
What Other Legal Documents Will I Need?
Starting a company in Australia isn’t just about your certificate – building the right legal foundation will help your business operate smoothly and minimise risks as you grow. We recommend considering the following essential legal documents:
- Company Constitution (or Replaceable Rules): Sets out your company’s internal rules, powers, how decisions are made, and members’ rights.
- Shareholders Agreement: Highly recommended if you have more than one shareholder. This deals with decision-making, disputes, rights to shares, exit plans, and more.
- Service Agreements & Terms and Conditions: Clearly set out your terms for customers and suppliers, reducing disputes and protecting your rights.
- Intellectual Property Protection: Register your trade marks, copyright and designs to protect your brand and creations.
- Employment Agreements and Workplace Policies: Required if you are hiring staff, to clearly outline duties, pay, leave, and rules.
- Privacy Policy: If you’re collecting customer data, especially online, this is legally required in most situations.
A professional business lawyer can help you tailor these to your needs and avoid disputes or compliance headaches later on.
What Laws And Regulations Do Companies Need To Follow?
Your ASIC certificate is just the start. As a registered company, you must stay on top of a few key legal areas to remain compliant (and avoid fines or investigations):
- Corporations Act 2001: Covers director duties, company record keeping, financial reporting, and general company management.
- Australian Consumer Law (ACL): Applies if you sell goods or services. You must treat customers fairly, avoid misleading statements, and provide refunds/warranties where required. See tips on complying with the ACL.
- Workplace Health & Safety Laws: If you employ staff, these laws set out standards for providing a safe working environment. Read more about workplace health and safety requirements.
- Tax and GST Registration: If your turnover exceeds $75,000, you must register for GST. Good accounting and proper record keeping are essential, and penalties apply for errors or non-compliance.
- Licensing and Permits: Depending on your industry, location, and business activities, you may need additional permits (e.g. food, building, import/export).
- Intellectual Property Law: Protect your logos, business names, and inventions. Learn more about trade mark registration.
Compliance is not a one-off – it’s an ongoing process. Set up reminders to renew registrations and check that your company records are always up to date with ASIC. If you’re unsure of your ongoing legal obligations, it’s wise to seek professional advice.
FAQs About ASIC Certificates Of Registration
Is an ASIC Certificate of Registration the Same as an ABN?
No, your ABN (Australian Business Number) is a separate registration handled by the Australian Business Register (ABR), not ASIC. Every company needs an ABN, but your ASIC registration gives you your ACN (Australian Company Number), which is unique to your company.
How Do I Change My Company Details With ASIC?
If you need to update directors, your registered address, or other details, you can change your company details directly with ASIC online. See our guide to changing company details with ASIC for step-by-step help.
What If I Lose or Never Received My ASIC Certificate?
If your email is lost, deleted, or you never received your certificate, you can order a replacement directly from the ASIC website under ‘Company Statements’ or by requesting a copy from your registration provider. Always keep digital and physical backups.
Can I Operate My Business Without ASIC Certification?
If you’re running a company (Pty Ltd), you cannot legally operate or represent yourself as a company without being registered with ASIC. Sole traders and partnerships do not receive ASIC certificates – they will show in the ABN register instead.
How Much Does It Cost To Get an ASIC Certificate?
The ASIC company registration fee (which includes your certificate) is currently around $576 (for a proprietary company, as of 2024). Fees may change, so it’s best to check the latest rates on the ASIC website.
Key Takeaways
- An ASIC certificate of registration is essential for trading as a company in Australia – it’s your official proof of incorporation and legal compliance.
- To get your certificate, you need to decide on a structure, choose a unique company name, register with ASIC, and receive your digital certificate, usually within hours.
- If you lose the document, you can always get a copy of your ASIC registration certificate via your original email, the registration provider, or ordering directly from ASIC.
- Maintaining compliance goes beyond initial setup – ensure ongoing adherence to the Australian Consumer Law, tax obligations, and workplace safety, among others.
- Protecting your business means having the right legal documents in place from day one – including your company constitution, shareholders agreements, and customer contracts.
- Don’t hesitate to seek legal advice if you’re unsure – starting off on the right legal foot can save headaches and costs down the track.
If you’d like a consultation on obtaining your ASIC certificate of registration and setting up your business with the right legal foundations, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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