Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Why Startups And Small Businesses Choose A Company (Before They Register An ACN)
How To Create An ACN In Australia: Step-By-Step
- Step 1: Confirm Your Company Type And Key Details
- Step 2: Choose How Your Company Will Be Governed
- Step 3: Decide Your Share Structure (It Matters More Than You Think)
- Step 4: Lodge Your Company Registration With ASIC
- Step 5: Apply For An ABN, GST, PAYG Withholding (If Needed)
- Step 6: Start Using Your ACN Correctly In Your Business
- Key Takeaways
When you’re building a startup, it’s easy to focus on the exciting parts: refining your product, talking to customers, and getting your first sales in the door.
But if you’re setting up (or planning to set up) a company, you’ll also need to handle the legal foundations properly. One of the most common early questions we hear is how to “create an ACN” for your business.
An Australian Company Number (ACN) is one of the key identifiers your company gets when it’s registered. In practical terms, it’s how the government, suppliers, lenders and customers can verify your company exists and is properly set up.
Below, we’ll walk you through what an ACN is, when you need one, and the step-by-step process to register a company so you receive an ACN in Australia - plus the common mistakes that can slow you down.
What Is An ACN (And Do You Actually Need To Create One)?
An Australian Company Number (ACN) is a unique 9-digit number issued to a company when it’s registered with the Australian Securities and Investments Commission (ASIC).
It’s important to be clear about one thing: you don’t “create” an ACN manually. When people search create acn or “create an ACN”, they usually mean they want to register a company so ASIC issues their ACN.
When You Need An ACN
You need an ACN if you’re operating through a company structure - for example, “ABC Pty Ltd”. This includes:
- private companies (commonly Pty Ltd)
- public companies (less common for small businesses)
If you’re a sole trader or in a partnership, you won’t have an ACN. Instead, you’ll use an ABN (Australian Business Number) and potentially a registered business name.
ACN vs ABN: What’s The Difference?
This trips up a lot of founders, especially when you’re moving quickly.
- ACN identifies a company registered with ASIC.
- ABN identifies a business entity for tax and invoicing purposes (companies can have an ABN too).
Once your company is registered, you can apply for an ABN and other tax registrations (like GST) using the company details.
Why Startups And Small Businesses Choose A Company (Before They Register An ACN)
Before you jump into ACN registration in Australia, it’s worth checking that a company is actually the right structure for you.
Many startups choose a company because it can:
- limit personal liability (your company is generally responsible for its debts, not you personally - though personal guarantees can change this)
- look more established to customers and suppliers
- make it easier to bring on investors or co-founders (by issuing shares)
- support growth (employees, multiple locations, scalable operations)
That said, a company also comes with ongoing responsibilities like keeping records, managing director duties, and lodging ASIC updates.
If you’re bringing on co-founders, investors, or you want clear rules around ownership and decision-making, it’s also a good time to think about a Shareholders Agreement early - it’s much easier to set expectations upfront than to fix problems later.
How To Create An ACN In Australia: Step-By-Step
To get an ACN for your business, you’ll need to register your company with ASIC. Below is a practical roadmap you can follow.
Step 1: Confirm Your Company Type And Key Details
Most small businesses and startups register a proprietary company (often shown as “Pty Ltd”).
Before you start, prepare the basics:
- your proposed company name (or decide to use the ACN as the name)
- your business activities (what the company will actually do)
- details of directors and shareholders (names, addresses, dates of birth)
- your registered office address (this must be an Australian address)
- your principal place of business (often the same as the registered office)
If you’re not ready to lock in a company name, you can register a company using an “ACN name” (for example, “123 456 789 Pty Ltd”), and change it later.
Step 2: Choose How Your Company Will Be Governed
When you register, you’ll generally choose between:
- the replaceable rules (a default set of rules under the Corporations Act), or
- a custom constitution (a written document setting out governance rules).
Many startups prefer a tailored constitution, especially where you have:
- multiple shareholders
- plans for investment
- special share rights (like different classes of shares)
- a need for clearer decision-making processes
A properly drafted Company Constitution can also help reduce disputes by clearly setting out how meetings, voting, share transfers, and director appointments work.
Step 3: Decide Your Share Structure (It Matters More Than You Think)
When you register a company, you’ll need to state:
- how many shares are being issued
- who they’re issued to
- what each share is worth (issue price)
Startups often choose simple ordinary shares at the beginning, but it’s important to think ahead.
For example, if you plan to:
- bring on an investor later
- create an employee equity plan
- split ownership between founders in a specific way
…then your share structure and documents should align with those goals.
Step 4: Lodge Your Company Registration With ASIC
This is the point where you register the company and obtain an ACN.
Once ASIC approves the registration, your company is issued:
- an ACN
- a certificate of registration
In other words: the ACN is generated as part of the company registration process. That’s why many people searching “create an ACN” are actually looking for the company registration steps.
Step 5: Apply For An ABN, GST, PAYG Withholding (If Needed)
After you have your ACN and company details, you’ll typically organise your tax registrations. Depending on your business, this may include:
- ABN (many companies apply for one so they can invoice customers, deal with suppliers, and interact with the ATO)
- GST registration (generally required if your GST turnover is $75,000+ - but the rules and timing can be nuanced, so check the ATO or your accountant)
- PAYG withholding (if you’ll have employees, or if you otherwise need to withhold amounts and report to the ATO)
Please note: this section is general information only and isn’t tax advice. Tax registrations can depend on your specific circumstances, so it’s a good idea to confirm requirements with the ATO and/or your accountant or bookkeeper.
If you’re hiring staff early, it’s also smart to line up a compliant Employment Contract so you’re clear on pay, duties, confidentiality and IP ownership from day one.
Step 6: Start Using Your ACN Correctly In Your Business
Once you’ve completed your ACN registration in Australia process, you’ll need to include your ACN on certain documents and communications (especially “public documents” and notices). In practice, this often includes things like:
- company letterheads
- invoices and receipts
- your website (often in the footer)
- official company notices
Exact display requirements can depend on what the document is and how you’re communicating (and there are also separate requirements for showing your company name). If you’re unsure what you must include for your situation, it’s worth getting legal advice so you set it up correctly from the start.
Common Mistakes When You Register An ACN (And How To Avoid Them)
Registering a company isn’t necessarily complicated, but there are a few points that commonly cause delays or future headaches.
Mixing Up Your Personal Details And Company Details
Directors and shareholders are individuals, but the company is a separate legal entity.
Be consistent with names, addresses, and roles - especially if you’re using different addresses (like a registered office vs principal place of business).
Not Getting Consent For The Registered Office
If your registered office is not your own premises (for example, you’re using an accountant’s address or a co-working space), you generally need consent to use that address.
This is an easy detail to miss when you’re trying to move quickly.
Registering Before You’re Clear On Ownership
Founders sometimes rush to “just set it up” and split shares 50/50 without thinking through what happens if:
- one founder leaves early
- one founder contributes significantly more time/money
- you need a tie-breaker decision-making process
This is where a solid Shareholders Agreement (and sometimes vesting terms) can save you a lot of stress later.
Launching Without Core Contracts And Policies
Registering the company and getting an ACN is only one piece of your legal setup.
If you’re selling online or collecting personal information, having a Privacy Policy in place is often essential. And if you operate through a website, clear Website Terms and Conditions can help set the rules for customers using your platform.
What Else Should You Set Up After ACN Registration In Australia?
Once you’ve completed the steps to obtain an ACN for your business, your next focus should be building a legal foundation that supports growth.
Different businesses need different documents, but here are some of the most common ones we see for startups and small businesses.
Key Legal Documents To Consider
- Company Constitution: sets internal governance rules for your company (particularly useful if you have multiple owners or plan to raise capital).
- Shareholders Agreement: clarifies ownership, decision-making, founder responsibilities, exits, and dispute processes.
- Customer Terms: sets out what you’re supplying, payment terms, delivery timeframes, limitations of liability, and dispute handling.
- Website Terms and Conditions: helps manage how users interact with your website, and can reduce risk when people rely on information or misuse your platform.
- Privacy Policy: explains how you collect, use and store personal information (especially relevant for online businesses, marketing lists, and accounts/logins).
- Employment Contracts: sets clear expectations when you hire, including confidentiality and intellectual property ownership.
If your business model involves providing services to customers, you may also want a tailored service agreement (so scope, deliverables, timelines and payment terms are clearly documented).
Ongoing Compliance: Your ACN Is Just The Start
Companies have ongoing obligations, which can include:
- keeping your company details up to date with ASIC (like address changes)
- maintaining company registers and records
- understanding directors’ duties and responsibilities
- complying with the Australian Consumer Law (ACL) if you sell to customers
What applies (and how it applies) can vary based on your company’s size, activities, and what you’re selling. If you’re unsure about your ongoing obligations, getting tailored legal advice early can prevent issues later.
It’s normal to feel like there’s a lot to manage at first. The goal isn’t to become an expert in corporate law overnight - it’s to set the basics up properly so you can grow with confidence.
Key Takeaways
- If you want to “create an ACN”, you’ll need to register a company with ASIC - the ACN is issued as part of that process.
- You only need an ACN if you operate through a company structure (sole traders and partnerships won’t have one).
- Before you register your company, it’s important to prepare your company name, addresses, director/shareholder details, and share structure.
- Many startups benefit from having a Company Constitution and Shareholders Agreement early, especially if there are multiple founders or plans to raise capital.
- After ACN registration in Australia, you’ll often consider applying for an ABN and other tax registrations, and putting core legal documents in place like customer terms, a Privacy Policy, and Website Terms and Conditions (and it’s a good idea to confirm tax requirements with the ATO or an accountant).
- Getting the legal setup right at the beginning can prevent expensive disputes and compliance issues later as your business grows.
If you’d like help setting up your company and getting your ACN sorted the right way (including the documents you’ll need around it), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Business legal next step
When should you speak to a lawyer?
Government registers are useful, but they do not always cover the contracts, ownership terms and risk settings around the business decision.







