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.
Thinking of starting your own business in Australia? Whether you’re opening a café, launching an online store, or going solo as a consultant, you’ll be asked for proof that your business is real and registered.
That’s where a “certificate of business” comes in. In Australia, this usually means the official company Certificate of Registration issued by ASIC (the Australian Securities and Investments Commission) when you register a company. It’s the record many banks, suppliers and government agencies will expect before they work with you.
In this guide, we’ll clarify what a certificate of business actually is, how it differs from other proof (like business name records), what it contains, and the steps to get yours. We’ll also cover the key laws and documents that sit alongside your certificate so you can operate confidently and professionally from day one.
What Is a Certificate of Business in Australia?
“Certificate of business” is a broad term. In practice, most people mean the ASIC Certificate of Registration you receive when you set up a company (for example, a proprietary limited company - Pty Ltd). This document confirms your company was validly registered under the Corporations Act and has its own Australian Company Number (ACN).
Some people also use “certificate of business” to describe proof of a registered business name. If you’re a sole trader, partnership or trust trading under a name, your evidence will usually be an ASIC business name registration extract rather than a company certificate.
It helps to be precise when asked for a “certificate.” If you’ve registered a company, you’ll provide your Certificate of Registration. If you’ve registered only a business name, you’ll provide the business name extract.
What Does the Company Certificate Include - And Why Does It Matter?
For companies, ASIC issues a Certificate of Registration at the time of incorporation. This document typically shows:
- Official company name
- Australian Company Number (ACN)
- Date of registration
- Type of company (e.g. proprietary limited)
- Registered office or details recorded at registration
Importantly, your ABN (Australian Business Number) is not issued by ASIC and does not appear on the company certificate. ABNs are issued via the Australian Business Register (managed by the ATO). You’ll often apply for an ABN alongside registration, but they are separate processes and documents.
Why the company certificate matters:
- It’s official proof your company exists as a separate legal entity.
- It’s commonly needed to open business bank accounts, secure leases and arrange insurance.
- It builds credibility with customers, suppliers and partners.
- It lets you sign contracts in the company’s name and identify the company by its ACN.
If you’re aiming for limited liability, investor readiness and smoother dealings with larger organisations, getting your company set up correctly - and keeping your certificate handy - is a smart move. If you’re weighing up a company against trading under a name, it’s worth comparing a business name vs company name before deciding.
Which Proof Do You Get for Different Business Structures?
Different structures come with different identifiers and “proof” documents. Here’s how it typically works:
- Company (Pty Ltd): You receive an ASIC Certificate of Registration. You can also obtain a copy later if you misplace it. Your company has an ACN and, separately, you can apply for an ABN via the Australian Business Register.
- Sole Trader, Partnership or Trust: There’s no company certificate. If you trade under a business name (i.e. not just your own personal name), you’ll have an ASIC business name registration extract. That extract may display an ABN if one was provided at registration.
In day-to-day life, banks, landlords and suppliers will usually accept either the company Certificate of Registration or the business name extract (as relevant to your structure) as proof that you’re properly registered for trading purposes.
How Do You Get Your Certificate or Business Name Proof?
The process depends on how you choose to operate. Below is a practical snapshot of common pathways.
Registering a Company (Pty Ltd)
- Choose your company name and confirm it’s available.
- Decide on directors, shareholders and the registered office address.
- Register the company with ASIC (directly or through a professional service). On registration, ASIC will issue your Certificate of Registration.
- Apply for an ABN separately via the Australian Business Register (often done at the same time as part of the setup process).
If you want more detail on what the document looks like and how to access it later, see how to obtain an ASIC Certificate of Registration.
Registering a Business Name (Sole Trader/Partnership/Trust)
- If you plan to trade under a name (other than an individual’s legal name), register that business name with ASIC.
- Once registered, you can download an ASIC business name registration extract at any time as proof.
- ABNs are managed via the Australian Business Register. Many operators obtain an ABN so they can issue invoices and identify themselves to other businesses and government. You can weigh this up by reviewing the advantages and disadvantages of having an ABN.
Not sure which structure fits your plans? It’s common to start lean, then move to a company later as you grow. If you’re planning to bring in co-founders or investors, a company can provide a clearer ownership and governance framework from the outset.
Keeping Your Records Safe
- Save digital copies of your certificate or extract and store a backup.
- Banks, landlords and insurers may request copies during onboarding.
- If you lose a paper copy, you can usually download a replacement through your online account.
Legal Compliance That Sits Beside Your Certificate
Your certificate shows you’ve registered correctly - but compliance doesn’t end there. A few key areas to get right from day one:
Company Obligations
Companies must comply with the Corporations Act and ASIC requirements, including keeping details up to date and paying annual review fees. When executing contracts, many companies sign under s 127 of the Corporations Act - it’s worth understanding signing documents under section 127 so you can ensure valid execution.
Australian Consumer Law (ACL)
If you sell goods or services, you must comply with the ACL. This covers things like refunds, consumer guarantees and making sure your advertising isn’t misleading. A good starting point is avoiding misleading statements under section 18 of the Australian Consumer Law.
Privacy and Data Protection
If you collect any personal information (for example, names and emails for a mailing list), it’s good practice to publish a clear Privacy Policy and follow the Privacy Act. Transparency builds trust and helps you manage risk.
Employment Law
Hiring staff? You’ll need compliant onboarding and workplace policies. Providing each employee with a clear Employment Contract helps set expectations and minimise disputes, and you should meet Fair Work obligations around pay and entitlements.
Intellectual Property
Protecting your brand can save headaches later. Consider registering your brand name or logo as a trade mark and ensure you’re using the correct trade mark classes for your products or services.
ABN, GST and Invoicing
ABNs are issued via the Australian Business Register. Many businesses obtain an ABN so they can identify themselves on invoices and to other businesses. Whether you need to register for GST depends on your turnover and activities - check your tax position with your accountant.
What Legal Documents Should You Put In Place?
Your certificate proves you exist. Your contracts and policies protect how you operate. The right documents will depend on your business model, but many Australian businesses consider:
- Customer Terms & Conditions or Service Agreement: Sets out scope, deliverables, pricing, payment terms, cancellations and liability. Online sellers often use Website Terms & Conditions for this purpose.
- Privacy Policy: Explains how you collect, use and store personal information, which supports compliance and customer trust.
- Employment Contract: Records duties, hours, pay, confidentiality and IP ownership for each employee.
- Shareholders Agreement: If you have co-founders or investors, a Shareholders Agreement clarifies ownership, decision-making and exit processes.
- Supplier or Distribution Agreements: Lock in pricing, timelines, quality standards and risk allocation with key partners.
- Non‑Disclosure Agreement (NDA): Helps protect confidential information during early discussions or negotiations.
- Company Constitution: If you’re incorporating, a tailored constitution can support how your board and shareholders make decisions and interact with each other.
You don’t need every document on day one, but getting your core contracts in place before you start trading will reduce risk and give you a consistent, professional way to engage customers and partners.
Key Takeaways
- In Australia, “certificate of business” usually refers to the ASIC Certificate of Registration issued when you register a company (Pty Ltd); sole traders and partnerships instead rely on an ASIC business name registration extract as proof.
- Your company certificate includes your company name, ACN, registration date and company type - your ABN is separate and issued via the Australian Business Register, not ASIC.
- Banks, landlords, insurers and suppliers commonly request your certificate or business name extract before they onboard you, so keep digital copies handy.
- Registration is step one - ongoing compliance matters too, including company obligations, the Australian Consumer Law, privacy, employment and protecting your intellectual property.
- Support your setup with clear contracts and policies such as Customer Terms, a Privacy Policy, an Employment Contract and, if you have co-founders, a Shareholders Agreement.
- If you’re deciding between a business name and a company, compare the options and set up the structure that suits your risk profile and growth plans.
If you’d like a consultation about registering your business and making sure your certificates and legal documents are set up correctly, 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.







