What is the name of the company going to be? (Company Registration)

You can check the availability of the name for free with ASIC here

Would you like to see what domain names are available for this company? (Company Registration)

Click "Yes" to check whether your new company's name is available as an internet domain name.

If you click "Yes", then when your company is registered, we will send you an email with a link to our domain name registration service. Then you can choose: the domain name; whether to register it; and if so for how long, at what cost.

Is the proposed company name identical to a Registered Business Name? (Company Registration)

If you (or your client etc.) already own a Registered Business Name and you now want to reserve the identical name as a Company, then you need to enter the Registered Business Name number(s) in the fold down table that appears when you answer "Yes". When you lodge the company registration, ASIC will conduct a short manual review before it registers the company. Normally, it all happens very quickly.

Where is the RBN held and what are the relevant RBN numbers?

The RBN usually starts with the letters "BN".

What is the address of the company's registered office going to be?

Use the full mailing address. ASIC checks the address against a database at Australia Post.

If the address you use fails the ASIC check, then ASIC will reject your application, and then you'll have to correct it and relodge it.

On what date will the directors, secretary, and public officer sign their consents to act letters? (Registration Documents only)

That date must be on, or after, the date you buy this document package.

On what date will the following documents be signed? (Registration Documents only)

They must be signed on the same date. That date must be on, or after, the date you buy this document package.

Number of shareholders?

On trust ...? If a person is to hold shares for themselves and is also to hold shares on trust for someone else, then you must count that person twice (once for each holding).

When the company is registered, will it have an "ultimate holding company"?

If a human or humans together will own or control:

• more than 50% of the shares in the company, then answer "No".
• exactly 50% of the shares in the company and will control the decisions of the company then answer "No".
• less than 50% of the shares in the company and one company will hold the remainder of the shares then answer "Yes".

If one company owns or controls more than 50% of the shares in the company, then answer "Yes".

If you are not sure, then this Legal FAQ on "Ultimate Holding Companies" may help you:

What are the name, country and ACN of the company's "ultimate holding company"?

The "ultimate holding company" is the company that "ultimately" controls the company you are registering today. For example:

• if you, personally own or control Company A; and
• Company A owns or controls all of Company B; and
• Company B will own or control all of the company you are setting up today, then
• the "ultimate holding company" of the company you are setting up today is Company A.

Cleardocs cannot give you any advice about this. The summary here is information only. It is provided by Maddocks.

On a poll, is each member of the company to have: only one vote in total or one vote for each fully paid share?

Normally, shareholders have one vote per share. But sometimes the shareholders want each shareholder to own a different number of shares but to each have the same voting power.

If you want each shareholder:

• to have one vote per share, then click 'One vote for each fully paid share'.
• to have only one vote for regardless of the number of shares they own, then click 'Only one vote in total'.

We will then include the clauses you want in the company's Constitution.

Which answer you give is entirely up to the shareholders.

Cleardocs is not able to give you any advice about this.The summary here is information only. It is provided by Maddocks.

If the company decides to issue shares, does it have to offer them first to members?

In the future, the company may need to issue shares for example, to raise money from investors. If those shares are issued to someone other than the existing shareholders, then the existing shareholders' ownership and control of the company can be diluted.

If you answer 'Yes' to this question, then we include clauses in the company's Constitution that require the company to first offer the new shares to the existing shareholders. That way, those shareholders get the opportunity to preserve their ownership and control of the company.

If you answer 'No' to this question, then the company's Constitution will allow the company to issue new shares to anyone allowed under the law.

Cleardocs is not able to give you any advice about this.The summary here is information only. It is provided by Maddocks.

If a member decides to sell shares, does that person have to offer them first to members?

In the future, a shareholder may decide to sell their shares in the company. If those shares are sold to someone other than the existing shareholders, then the person who buys the shares may be able to influence how the company is run.

If you answer 'Yes' to this question, then we include clauses in the company's constitution that require the shareholder who is selling their shares to first offer those shares to the existing shareholders. That way, the existing shareholders get the opportunity to preserve their ownership and control of the company.

If you answer 'No' to this question, then the company's Constitution will allow the shareholder selling their shares to sell them to anyone allowed under the law.

Cleardocs is not able to give you any advice about this.The summary here is information only. It is provided by Maddocks.

Is the company to adopt a common seal?

The law no longer requires a "Pty Ltd" company to have a common seal. However, the shareholders can decide to use a common seal as a more formal way of recording the company agreeing to something.

If the shareholders want the company to have a common seal, then answer this question "Yes" and Cleardocs will include the relevant clause in the company's Constitution.

Whether or not your company has a common seal is entirely up to you. If you choose to answer this 'yes', and also choose to have the documents printed and delivered to you, then Cleardocs will organise for the seal to be created and sent with that package, at an additional $22 (+$49.50 for the printing and delivery).

Cleardocs is not able to give you any advice about this.The summary here is information only. It is provided by Maddocks.

Will the first meeting of directors appoint a managing director?

We use this information only in the set of minutes for the first Director's meeting. If the company won't really have a managing director, then answer this question 'No'. If it doesn't matter to you either way, then also answer 'No'.

Will the first meeting of directors appoint an Auditor?

We use this information only in the set of minutes for the first Director's meeting. If the company won't have an auditor, then answer this question 'No".

Will the bank account details and mandate forms etc. be ready for the first meeting of directors?

We use this information only in the set of minutes for the first Director's meeting. If you haven't yet got the relevant forms from the bank, then answer this question "No". You can set up the company's bank accounts after the company is registered.

Usual residential address? (Company Registration)

Use the full mailing address. ASIC checks the address against a database at Australia Post.

If the address you use fails the ASIC check, then ASIC will reject your application, and then you'll have to correct it and relodge it.

Is this person also consenting to be the public officer?

What is a 'Public Officer'?

Under Australian taxation law, every company carrying on business or deriving property income in Australia must, unless specifically exempted, at all times have a public officer.

A public officer must be appointed within 3 months of the company commencing to carry on business or first deriving income in Australia.

The public officer must be a natural person of at least 18 years if age and must also be an 'ordinary resident' in Australia.

The public officer is answerable for everything that is required to be done by the company for tax-related purposes and, if in default, is liable to the same penalties. The public officer is not, however, personally liable for payment of tax due by the company.

Cleardocs is not able to give you any advice about this.The summary here is information only. It is provided by Maddocks.

Are these shares to be held by a Director Shareholder on trust? (i.e. on behalf of another person or entity)

Shares on Trust? If the Director Shareholder will hold the shares on Trust (i.e. for another person or entity), then you should answer this question 'Yes' and complete the details of that person or entity here.

Are these shares to be held by a Non-Director Shareholder on trust? (i.e. on behalf of another person or entity)

Shares on Trust? If the Non-Director Shareholder will hold the shares on Trust (i.e. for another person or entity), then you should answer this question 'Yes' and complete the details of that person or entity.

Are these shares to be held by an Organisation Shareholder on trust?(i.e. on behalf of another person or entity)

Shares on Trust? If the Organisation Shareholder will hold the shares on Trust (i.e. for another person or entity), then you should answer this question 'Yes' and complete the details of that person or entity."

Are these shares to be held by a Joint Shareholder on trust?" (i.e. on behalf of another person or entity)

Shares on Trust? If the Joint Shareholder will hold the shares on Trust (i.e. for another person or entity), then you should answer this question 'Yes' and complete the details of that person or entity.

Would you like to see what domain names are available for this company? (Registration Documents Only)

Click "Yes" to check whether your company's name is available as an internet domain name.

If you click "Yes", then when your company is registered, we will send you an email with a link to our domain name registration service. Then you can choose: the domain name; whether to register it; and if so for how long, at what cost.

What is the address of the company's registered office going to be? (Registration Documents Only)

Use the full mailing address. ASIC checks the address against a database at Australia Post.

Usual residential address? (Registration Documents Only)

Use the full mailing address. ASIC checks the address against a database at Australia Post.

Is the company going to be a not-for-profit company? (Including as trustee of a Public Ancillary Fund)

A not-for-profit proprietary limited company is one which is established to pursue charitable purposes and applies its income in promoting those charitable purposes. The company constitution must prohibit the company from making distributions to its members and paying fees to its directors. The constitution must also require directors of the company to approve payments that the company makes to them for expenses properly incurred.

A PAF is a Public Ancillary Fund. These are funds (established under a will or a trust) which are set up and maintained solely for the purpose of providing money, property or benefits to a fund, authority or institution which is endorsed as a deductible gift recipient. PAFs need to be endorsed by the ATO in order to qualify for tax exemptions.