ASIC Foreign Company Registration Form 402: Complete Guide

Understanding Form 402 and When You Need It

Form 402 is required when a foreign company (a company incorporated outside Australia) carries on business within Australia and chooses to register as a foreign company rather than establishing a local subsidiary. This registration pathway is commonly known as “branch registration.”

When Registration is Required

Under Section 601CD of the Corporations Act 2001, a foreign company must register with ASIC if it “carries on business” in Australia. Factors indicating you are carrying on business include:

• Maintaining a physical presence or office in Australia
• Entering contracts with Australian customers or suppliers as principal
• Conducting ongoing commercial activities (not just isolated transactions)
• Employing staff in Australia
• Having your name listed in Australian directories
• Owning or leasing property for business purposes

Registration Timeline

Foreign companies must lodge Form 402 within one month of commencing to carry on business in Australia. Failure to register within this timeframe is an offence, so plan your registration before significant business activities begin.

Branch vs Subsidiary

Form 402 is specifically for branch registration. If you prefer to establish a separate Australian company (subsidiary), you would use different registration forms. See our guide to Australian business structures for foreign companies to understand which option suits your needs.

Before You Begin: Prerequisites

Gather the following before starting Form 402:

Company Information

• Full registered name of your foreign company
• Any trading names or business names used
• Registration number in your home jurisdiction
• Date and place of incorporation
• Details of your registered office in the home jurisdiction

Local Agent Details

Every registered foreign company must have a local agent who is a natural person (individual) residing in Australia. You will need:

• The local agent’s full name and date of birth
• Their Australian residential address
• Their consent to act as local agent

Australian Office Details

• Australian registered office address (cannot be a PO Box)
• Principal place of business in Australia (if different)
• Contact telephone number in Australia

Director Information

• Full names, dates of birth, and addresses of all directors of the foreign company
• Details of any alternate directors

Section-by-Section Completion Guide

Section 1: Type of Registration

Indicate whether this is a new registration or an amendment. For initial registrations, tick the box for “Registration of a foreign company under Part 5B.2 of the Corporations Act 2001.”

Section 2: Company Details

Item 2.1 – Name of foreign company: Enter the exact registered name of your company as it appears in your certificate of incorporation. Do not translate or anglicise the name.

Item 2.2 – Name under which it proposes to carry on business in Australia: If you intend to use the same name, enter it again. If the company name is already registered to another entity in Australia, you may need to use a modified name.

Item 2.3 – Place of origin: Enter the country and, if applicable, the state or province where the company is incorporated.

Item 2.4 – Registration number: Enter your company’s registration number as assigned by the corporate regulator in your home jurisdiction.

Item 2.5 – Date of incorporation: Enter the date your company was incorporated or registered in its home jurisdiction.

Section 3: Registered Office in Place of Origin

Provide the full address of your company’s registered office in its home jurisdiction. This must be a physical address, not a PO Box.

Section 4: Australian Registered Office

Item 4.1 – Address: Enter the full street address of your Australian registered office. This must be a physical address where ASIC and other parties can serve documents. A PO Box is not acceptable.

Item 4.2 – Business hours: Specify the hours during which the registered office is open and accessible (minimum 3 hours between 9am and 5pm on each business day).

Item 4.3 – Occupier’s consent: If the registered office is not owned by the company, you must have consent from the occupier to use the address.

Section 5: Principal Place of Business in Australia

If your principal place of business differs from your registered office, enter those details here. If they are the same, you can indicate “same as registered office.”

Section 6: Local Agent

This section is critical. Every registered foreign company must appoint a local agent who:

• Is a natural person (not a company)
• Ordinarily resides in Australia
• Is at least 18 years old

Item 6.1 – Local agent details: Provide the agent’s full name, date of birth, and Australian residential address.

Item 6.2 – Consent: The local agent must sign the consent section confirming they agree to act in this capacity.

Section 7: Directors

List all directors of the foreign company, including full name, date of birth, residential address, and place of birth. If you have more directors than spaces provided, use a continuation sheet.

Section 8: Ultimate Holding Company

If your company has an ultimate holding company, provide its name, place of incorporation, and registration number. If not applicable, indicate this.

Section 9: Share Capital

If your company has share capital, provide details of the authorised and issued share capital, including the currency. For companies without share capital, describe the nature of the company’s structure.

Section 10: Constitution and Memorandum

Confirm that you are attaching certified copies of your company’s constitution, memorandum and articles of association, or equivalent governing documents.

Section 11: Declaration

The declaration must be signed by a director or authorised officer of the foreign company, confirming the information provided is true and correct.

Required Attachments

Form 402 must be accompanied by several supporting documents:

Mandatory Attachments

1. Certificate of Incorporation (or equivalent)

A certified copy of the certificate proving your company’s registration in its home jurisdiction.

2. Constitution or Governing Documents

Certified copies of your company’s constitution, memorandum and articles of association, charter, or equivalent documents.

3. Certificate of Incumbency or Register of Directors

An official document confirming the current directors of the company, dated within the past 3 months.

4. Local Agent’s Consent

Written consent from the local agent agreeing to act in that capacity.

5. Registered Office Consent

If the Australian registered office is not owned by the company, you need consent from the premises occupier.

Translation Requirements

If any attached documents are not in English, you must provide a certified copy of the original document and a certified English translation by an accredited translator.

Certification Requirements

Documents must be certified as true copies. Acceptable certifiers include a notary public, an Australian consular officer, a lawyer or solicitor, or the corporate regulator of the home jurisdiction.

Common Mistakes to Avoid

Mistake 1: Incomplete Director Information

Problem: Not listing all directors or omitting required details like date of birth.

Solution: Cross-reference with your certificate of incumbency to ensure all current directors are listed with complete information.

Mistake 2: Using a PO Box as Registered Office

Problem: The Australian registered office must be a physical address where documents can be served.

Solution: Use a street address. If you do not have physical premises, use a registered office service.

Mistake 3: Documents Not Properly Certified

Problem: Certification that does not meet ASIC requirements or is missing key elements.

Solution: Ensure all certifications include “certified true copy of the original,” the certifier’s signature, printed name, qualification, and date.

Mistake 4: Missing English Translations

Problem: Submitting documents in foreign languages without translations.

Solution: Arrange professional translations for all non-English documents before submission.

Mistake 5: Outdated Certificate of Incumbency

Problem: Providing a director list that is several months old.

Solution: Obtain a fresh certificate of incumbency dated within the past 3 months.

Mistake 6: Incorrect Company Name

Problem: Using a trading name or translated version instead of the exact registered name.

Solution: Use the exact name as it appears on your certificate of incorporation.

Mistake 7: Local Agent Not Residing in Australia

Problem: Appointing someone who does not actually live in Australia as local agent.

Solution: The local agent must ordinarily reside in Australia. If needed, engage a professional local agent service.

Submission and Processing

Lodgement Options

Form 402 can be lodged:

• Online: Through the ASIC Regulatory Portal (registration required)
• By mail: Sent to ASIC’s postal address with all attachments
• Through a registered agent: A professional service provider can lodge on your behalf

Lodgement Fees

ASIC charges a fee for processing Form 402. As of 2026, the standard registration fee is $611. Additional penalties may apply for late lodgement. Fees are subject to change; verify the current fee on the ASIC website before lodging.

Processing Time

ASIC’s standard processing time for Form 402 is approximately 10-15 business days, assuming all required information is provided, all attachments are complete and properly certified, and the fee is paid.

After Registration

Once your application is approved, ASIC will issue an ARBN (Australian Registered Body Number), send confirmation of registration, and add your company to the public register. You will then need to display your ARBN on all public documents, apply for an ABN, and ensure ongoing compliance with ASIC reporting requirements.