How to Register a Foreign Company in Australia: ASIC Process Explained
|—|—|
| Issued to | Overseas companies registered in Australia | Companies incorporated in Australia |
| Legal status | Extension of the foreign parent — not a separate entity | Separate legal entity |
| Liability | Parent company bears full liability | Company has its own liability |
| Governing law | Corporations Act Part 5B.2 + home country law | Corporations Act Part 2A.2 |
| Directors required? | No (local agent required instead) | Yes (at least 1 Australian resident) |
| Tax treatment | Taxed on Australian-sourced income only | Taxed as Australian resident on worldwide income |
The ASIC Form 402 Process: Step by Step
Form 402, titled “Application for registration as a foreign company,” is the core document for registering your overseas company with ASIC. Here is the complete process.
Step 1: Determine Your Eligibility and Gather Information
Before beginning the application, confirm that:
- Your company is validly incorporated in its home jurisdiction
- Your company intends to carry on business in Australia
- You have not already registered with ASIC (check the ASIC register)
You will need the following information readily available:
- Full legal name of the foreign company (as registered in the home country)
- Country and date of incorporation
- Registration number in the home country
- Details of all directors and officers of the foreign company
- Registered office address in the home country
- Proposed Australian registered office address
- Details of the proposed local agent
Step 2: Appoint a Local Agent
Every foreign company registered in Australia must appoint at least one local agent who ordinarily resides in Australia. The local agent is legally responsible for ensuring the company complies with its Australian obligations under the Corporations Act.
Local agent responsibilities include:
- Ensuring all ASIC lodgements are made on time
- Acting as the company’s representative for service of legal documents
- Ensuring the registered office is maintained
- Being answerable for anything the company is required to do under the Corporations Act
The local agent can be held personally liable for the company’s failure to comply with the Corporations Act. This is why many foreign companies appoint a professional local agent service rather than asking a local employee to take on this significant legal responsibility.
Aus Business Register provides professional local agent services from $1,900 per year, including registered office address, ASIC compliance management, and service of process.
Step 3: Establish a Registered Office in Australia
Your foreign company must maintain a registered office at a physical address in Australia (not a PO Box). This is where ASIC correspondence and legal documents are delivered. The office must be open to the public during certain hours on each business day.
If you do not have your own premises in Australia, a registered office address service provides a compliant address from $1,200 per year.
Step 4: Prepare the Required Documents
Form 402 must be accompanied by several supporting documents. All documents in a language other than English must be accompanied by a certified English translation.
Required attachments:
| Document | Details |
|---|---|
| Certified copy of the certificate of incorporation | Or equivalent document proving the company’s incorporation in its home country |
| Certified copy of the company’s constitution | Articles of association, memorandum, charter, or equivalent governing document |
| List of directors | Full names, residential addresses, and date of birth of all directors |
| Memorandum of appointment of local agent | Signed by a director or authorised officer of the foreign company, and consented to by the local agent |
| Registered office notice | Address of the proposed registered office in Australia |
Certification requirements:
Documents must be certified by an authorised person, which may include:
- A notary public
- An Australian legal practitioner
- An Australian consular officer
- An officer of the foreign company (for certain documents)
Documents from some countries may also need to be apostilled under the Hague Apostille Convention, depending on the certifying jurisdiction.
Step 5: Complete and Lodge Form 402
Form 402 can be lodged:
- Online through the ASIC Regulatory Portal (preferred method)
- By post to ASIC’s registered office
The form requires detailed information across several sections:
- Company details — legal name, home country, registration number, date of incorporation
- Place of origin — country, state/province where incorporated
- Australian registered office — full street address
- Local agent details — name, address, date of birth, consent
- Directors and officers — all current directors and secretaries of the foreign company
- Share capital — details of the company’s share structure (if applicable)
- Ultimate holding company — if the foreign company has a parent entity
Step 6: Pay the ASIC Registration Fee
The current ASIC fee for registering a foreign company is $611 (2025-26 financial year). This fee is payable at the time of lodgement.
Step 7: Receive Your ARBN
ASIC typically processes foreign company registration applications within 14-28 business days, depending on the complexity of the application and whether additional information is required. Straightforward applications are often processed faster.
Once approved, you receive:
- Your ARBN (9-digit number)
- A Certificate of Registration as a Foreign Company
Your company must display its ARBN on all public documents used in Australia, including letters, invoices, contracts, and the company website.
Total Costs of Registering a Foreign Company
| Cost Item | Amount |
|---|---|
| ASIC foreign company registration fee | $611 |
| Professional registration service | From $1,500 |
| Local agent appointment (annual) | From $1,900/year |
| Registered office address (annual, if needed) | From $1,200/year |
| Certified document translations (if applicable) | Varies ($200-$1,000+) |
| Notarisation and apostille (if applicable) | Varies ($100-$500) |
| ASIC annual review fee | $329/year |
| Total first-year estimate | From $4,011 |
All prices are in Australian dollars (AUD) and are current as of 2026.
Timeline for Foreign Company Registration
| Stage | Timeframe |
|---|---|
| Document preparation and certification | 1-4 weeks (depends on home country) |
| Local agent appointment | 1-2 business days (with professional service) |
| ASIC Form 402 lodgement | 1 business day |
| ASIC processing | 14-28 business days |
| ABN application (once ARBN received) | 1-3 business days |
| Total estimated timeline | 3-8 weeks |
The biggest variable is document preparation, particularly if documents need to be translated, notarised, or apostilled in the company’s home jurisdiction.
Ongoing Obligations After Registration
Once your foreign company is registered in Australia, you must comply with several ongoing requirements.
Annual Obligations
| Obligation | Deadline | Fee |
|---|---|---|
| ASIC annual review | Within 2 months of anniversary of registration | $329 |
| Financial statement lodgement | Within 4 months of the company’s financial year-end | No separate fee |
| Local agent review | Ongoing — must always have a current local agent | Included in service fee |
Notification Obligations
You must notify ASIC within a prescribed timeframe if any of the following change:
| Change | Notification Period |
|---|---|
| Company name change (in home country) | Within 14 days |
| Change of directors or officers | Within 14 days |
| Change of registered office in Australia | Within 14 days |
| Change of local agent | Within 14 days |
| Change of constitution or governing documents | Within 1 month |
| Company dissolved or deregistered in home country | Within 7 days |
| Change in ultimate holding company | Within 14 days |
Tax Obligations
A registered foreign company operating in Australia must:
- Apply for an ABN and register for GST if turnover exceeds $75,000
- Lodge annual income tax returns with the Australian Taxation Office (ATO)
- Pay tax on Australian-sourced income
- Comply with PAYG withholding obligations if employing staff
- Consider transfer pricing rules for transactions with the parent company
Display Requirements
Your ARBN must appear on:
- All public documents used in Australia (letters, invoices, statements)
- The company’s Australian website
- Any signage at the registered office
Foreign Company Registration vs New Company Incorporation
Choosing between registering your existing foreign company (branch) and incorporating a new Australian subsidiary depends on your business objectives.
| Factor | Branch (ARBN) | Subsidiary (Pty Ltd) |
|---|---|---|
| Legal entity | Not separate — parent liable | Separate entity — limited liability |
| Setup cost | From $2,111 (fee + service) | From $1,511 (fee + service) |
| Ongoing cost | From $2,229/year (review + local agent) | From $329/year (review only, if director arranged) |
| Tax | Australian-sourced income only | Worldwide income as Australian tax resident |
| Directors required | No (local agent instead) | Yes (1+ Australian resident) |
| Financial reporting | Must lodge parent company financials | Lodge based on company size thresholds |
| Government contracts | May face restrictions | Generally eligible |
| Best for | Testing the market, project-based work | Permanent presence, local partnerships |
For a detailed comparison, see our guide on starting a business in Australia as a foreigner.
Common Mistakes When Registering a Foreign Company
1. Operating without registration. Some companies begin Australian operations before completing ASIC registration. This is a contravention of the Corporations Act and carries daily penalties. Begin the registration process before commencing business activities.
2. Incorrect document certification. ASIC has specific requirements for how documents are certified and translated. Using the wrong certifier or failing to provide English translations will delay your application.
3. Not appointing a local agent before lodging. The local agent appointment is a prerequisite for registration, not a step you can complete afterwards. The memorandum of appointment must be included with Form 402.
4. Using a PO Box as the registered office. The registered office must be a physical street address where documents can be served in person during business hours.
5. Forgetting ongoing obligations. Registration is not a one-off event. Failure to lodge annual reviews, financial statements, or change notifications can result in penalties and ultimately deregistration.
How Aus Business Register Can Help
Registering a foreign company in Australia involves coordinating documents across jurisdictions, meeting strict ASIC requirements, and ensuring ongoing compliance. Aus Business Register provides end-to-end branch establishment services that cover:
- Complete Form 402 preparation and lodgement
- Professional local agent appointment
- Registered office address in Australia
- ABN and GST registration
- Ongoing ASIC compliance management
- Annual review lodgement and change notifications
Our branch registration packages start from $1,500 plus ASIC fees, with local agent services from $1,900 per year.
Request a quote for foreign company registration →
Or call us on +61 2 8599 9890 to discuss your requirements.
Frequently Asked Questions
How do I register an overseas company in Australia?
To register an overseas company in Australia, you need to lodge ASIC Form 402 along with certified copies of your incorporation certificate and constitution, appoint a local agent who resides in Australia, and establish a registered office at a physical Australian address. ASIC processes the application within 14-28 business days and issues an ARBN upon approval.
What is the difference between an ARBN and an ACN?
An ARBN (Australian Registered Body Number) is issued to foreign companies that register to carry on business in Australia. An ACN (Australian Company Number) is issued to companies that are incorporated in Australia. A foreign company with an ARBN is not a separate legal entity — it is an extension of the overseas parent. A company with an ACN is a distinct Australian entity.
Do I need a local agent to register a foreign company in Australia?
Yes. Every foreign company registered under Part 5B.2 of the Corporations Act must appoint at least one local agent who ordinarily resides in Australia. The local agent is personally responsible for ensuring the company meets its obligations under Australian law, which is why many companies use a professional local agent service rather than appointing an employee.
How much does it cost to register a foreign company with ASIC?
The ASIC registration fee is $611. Professional registration services start from $1,500. You will also need a local agent (from $1,900/year) and a registered office address (from $1,200/year if you do not have your own premises). Total first-year costs typically start from around $4,011.
How long does foreign company registration take in Australia?
The total timeline is typically 3-8 weeks. Document preparation and certification (1-4 weeks) is usually the longest phase, followed by ASIC processing (14-28 business days). Using a professional registration service can significantly reduce delays caused by incomplete applications or incorrect documentation.
This content is general information only and does not constitute legal, financial, or tax advice. We recommend consulting qualified Australian legal and tax professionals before making business decisions. Information is current as of March 2026.
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