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Company Registration with Seal - from $667

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PRODUCT INFORMATION

IMMEDIATE ONLINE REGISTRATION WITH ASIC

Setting up an Australian company is quick and easy with Topdocs. You're provided with all of the documents you need to set up a company and register it online. Best of all, our direct link with the Australian Securities and Investments Commission (ASIC) means your Australian company number (ACN) will be emailed to you in around 10 minutes after submitting your order.

download Review the Company Registration with Seal order checklist download See the list of documents you will receive

NOW WITH AUTOMATED ABN AND TFN REGISTRATIONS

Applying for an Australian Business Number and Tax File Number with the ATO can be a time consuming process.

What if we could give you back the time it takes to apply for an ABN and TFN when you set up a new trust, SMSF or company?

Well the great news is – we can. Topdocs, through our link with the Australian Business Register, now automatically pre-populates your entire ABN and TFN application for you as part of our online application, free of charge, when you set up your new trusts, SMSFs and companies with us. Imagine the time savings!

You simply review the ABN application online and submit it – without having to enter any client information!

download Download our step by step instructions for Companies

SET UP A CMA WITH YOUR COMPANY

Topdocs has integrated with NAB to enable you to create a NAB Cash Manager Account (CMA) application at the same time as establishing your SMSF.

Our NAB integration pre-populates both the CMA application form and the trustee identification forms for you to lodge with the bank.

YOUR COMPANY PACKAGE INCLUDES:

    • A Certificate of Incorporation from ASIC
    • A company seal
    • A company upload file, to upload your company information into your corporate register software (including CAS) - available free for both instant email and full service orders
    • A fully tailored set of company registration documents including:
      • three copies of the company's constitution
      • all relevant minutes, consents, registers and applications
      • instructions on how to execute the documents
      • instructions on how to open a bank account for the company
      • instructions on how to register the company with the ATO
      • and if you order your Australian company with full service delivery, you will receive your company documents in a professional binder indexed with tabs along with a USB with a copy of all the prepared documents on it.

COMPANY NAME SEARCH

Search the ASIC database to see if your company name is available to register.

WHY ORDER A TOPDOCS COMPANY?

  • Ordering your company documents is quick and easy using the Topdocs Document Portal
  • Our direct link with ASIC means your company documents are delivered in minutes
  • Easy online ordering, with the option to have your ABN and TFN application fully populated, free of charge
  • Exceptionally well drafted company constitution and supporting documents
  • Optional overnight delivery with your company documents bound in a quality binder
  • Free access to company specialists and technical support
  • You can add your logo to your company documents (for free) and promote your practice to clients

MORE INFORMATION

You can learn more about the Topdocs Company Registration with Seal documentation in the RELATED INFORMATION tab.

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

ORDERING OPTIONS

ORDER ONLINE

Order your document online in three easy steps:

  1. Login or Join the Topdocs Document Portal
  2. Select your document
  3. Follow the prompts and you're done!

LOGIN

If you haven't used the Topdocs Document Portal before, you can join by clicking on the JOIN FREE button and following the prompts.

ORDER BY FORM

Order your document by completing the form below and returning it to us by email or fax.

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

PRICING

ADVISER^
(inc GST)

RETAIL
(inc GST)

INSTANT EMAIL DELIVERY


  • your documents are immediately emailed to you once your order is complete and payment is made
  • this price includes the $444 ASIC fee
  • delivery is generally 10 minutes

$667


$710


FULL SERVICE DELIVERY


  • your documents are professionally printed and bound, reviewed by our legal team where required, then delivered to you by express post
  • this price includes the $444 ASIC fee
  • delivery is generally next day

$739


$777


adviser pricing ^ Adviser pricing is available to accountants, financial planners, SMSF specialists and lawyers. This pricing will be automatically applied to your document orders when you join Topdocs and sign into the Topdocs Document Portal.

YOUR DELIVERY OPTIONS

When you order a document you can select now you would like it delivered to you. Your options are:

INSTANT EMAIL DELIVERY

  • your documents are immediately emailed to you once your order is complete and payment is made.

FULL SERVICE DELIVERY

  • your documents are professionally printed and bound, reviewed by our legal team where required, then delivered to you by express post.

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

RELATED INFORMATION

RELATED INFORMATION

Outlined below is additional information relating to the Topdocs company document.

The Topdocs Constitution ... [more]

The Topdocs Constitution has been expertly drafted and is continually reviewed to ensure maximum flexibility and effectiveness. It has the following features:

  • A comprehensive range of share classes that allow you to structure your Company in a variety of ways
  • The ability to discretionarily distribute dividends
  • The ability to pay dividends out of monies other than profits
  • The ability to act as a Sole Purpose SMSF Trustee or a standard Company

All relevant constitutions, consents, minutes, applications and certificates are included in your order, bound in a professional Company Register.

Instructions for on how to execute the documents, open a bank account for the Company and register the Company with the ATO are also included. You also have the option of ordering a Company Seal.

Corporate Trustees vs Individual Trustees in SMSFs ... [more]

Whilst establishing your SMSFs with individuals acting as trustees may save your client a few dollars in the short term, the benefits of registering a corporate trustee for your new SMSFs far outweigh the short term savings. Below are the key reasons to establish all of your new SMSFs with a corporate trustee.

Reason 1 – Succession upon death

A company is an indefinitely continuing entity. Consequently, having a company as trustee for the Fund ensures control of the Super Fund is always certain – an especially important factor when a member of the Fund dies.

Example:

Jack and Jill are members of a SMSF, and both are individual trustees. Jack dies, leaving Jill as the sole remaining member and individual trustee for the Fund. In order for the Fund to remain compliant, Jill must appoint a second individual trustee in Jack's stead. Whilst Jill may assume the role of second individual trustee for the Fund temporarily (in her capacity as Legal Personal Representative of Jack – depending on the terms of the Trust Deed) when Jack's death benefits have been paid out, she will need to appoint another person to act as an individual trustee. This means Jill will relinquish full control of the Fund.

The above scenario may have a number of outcomes. Jill may have children that she wishes to appoint as trustees of the Fund in which case a suite of documentation to appoint the children as members and trustees of the Fund would be required to be completed. She would also have to change the name in which all of the Fund's assets are held.

Jill may also not have any children, or close relatives that she trusts to share control of her fund with. In this case, Jill may decide to establish a corporate trustee company, and act as the sole director, to ensure she retains full control of the Super Fund. In this scenario, she would need to set the company up, and prepare relevant documentation to change the trustee of the Fund. She would also have to change the name in which all of the Fund's assets are held.

Had Jack and Jill established the Fund with a corporate trustee in the first instance, none of the above would be an issue. After his death benefits were paid out, Jack would simply cease to be a member of the fund, and Jill would continue as the sole member of the Fund, without having to appoint another trustee, prepare any change of trustee documentation or change the name in which the Fund assets are held. She would also automatically maintain full control of the Fund.

Reason 2 – Trustee litigation exposure

One of the most important reasons to have a corporate trustee is litigation exposure. Individuals acting as trustee of the Fund are jointly and severely liable for any actions taken against the Fund, as they hold the assets of the Fund in their individual names. Should litigation against the Fund exceed the assets held in the name of the trustees as trustees for the Fund, the personal assets of the individuals personally may become at risk.

Companies on the other hand have limited liability. This ensures litigation against the Fund is limited to the assets held in the name of the company and do not stretch to the directors of the company. If the company is a sole purpose SMSF Trustee Company, this will ensure any claim against the Fund is limited to the assets held by the company as trustee for the Fund, and no director's assets will be at risk.

Reason 3 – Administrative Efficiency

One of the key benefits of a SMSF is its fluidity; allow multiple generations of a family to come and go from the Fund. Instances of changes in membership to a SMSF may include:

(i) Parents admitting their children into the Fund;

(ii) The marriage of an existing member of the Fund to a non-member of the Fund, or the divorce of members within the Fund;

(iii) Upon the death or incapacity of a member of a SMSF, where an external Legal Personal Representative is appointed to temporarily participate in the Fund in the existing members stead.

Whenever a change in membership occurs, a change in trusteeship is also required to occur. The fact that trustees and members can come and go easily to and from a SMSF raises a time consuming and costly administration problem for SMSFs with individual trustees. This is because the law requires the SMSFs assets to be held in the names of all of the trustees of the Fund.

Consequently, whenever a new trustee is appointed to the Fund, or an existing trustee leaves the Fund, the Fund is required to notify all relevant registries and offices of a change in the name of the assets held by the Fund. Furthermore, legal advice as to the procedures to remove / appoint the trustee and member, as determined by the Fund's Trust Deed, must also be taken. Overall, the admission and removal of individual trustees can be a costly and time consuming exercise.

In contrast, when a new member joins a SMSF with a corporate trustee, the corporate trustee itself does not change, only the underlying directorship of the company changes. Therefore, there is no requirement to change the name in which the assets of the Fund are held. The assets are still held in the same name - that is the name of the company. Furthermore, there is reduced documentation required to appoint a new member to a corporate trustee Fund than there is to admit a new member to a Fund with individual trustees, as deeds of appointment and removal of trustee are not required.

Reason 4 - Lump Sum Payments

For a SMSF to receive its concessional taxation status it must elect to be regulated by the Australian Tax Office (ATO) and comply with the laws and regulations outlined in the Superannuation Industry (Supervision) Act 1993 (SIS Act) and Superannuation Industry (Supervision) Regulations 1994 (SIS Regs). Section 19 of the SIS Act is very specific in its determination of what constitutes a regulated SMSF, in part stating that the "Trustee must be a constitutional corporation or (the) fund must be a pension fund". The consequence of this is that the Fund must either have:

i. a Corporate Trustee; or

ii. Individual Trustees, in which case, the fund must be a pension fund. That is, the sole or primary purpose of the fund must be to pay old age pensions.

The effect of this legislation is that a Fund with a corporate trustee may pay benefits as either a lump sum or a pension. However, Funds with individual trustees can only pay benefits in the form of pensions, as their sole or primary purpose is the payment of old age pensions. Strictly speaking, in order for a Fund with individual trustees to compliantly pay a lump sum benefit, the member receiving the benefit would first have to commence a pension, then commute the pension and pay the remaining benefit as the lump sum benefit.

Reason 5 – Sole Member Funds

If a Fund with individual trustees has a sole member, the SIS Act requires that the Fund must have a second individual trustee in order to be a compliant SMSF. If that sole member has no spouse or children, this will mean that the member will have to relinquish some control over the Fund to another person.

Alternatively, the SIS Act provides that a sole member SMSF can have a company as trustee with either one or two directors, one of which must be the member. In this case a sole member can assume total control over the SMSF by appointing themselves as the sole director of the corporate trustee.

Other Considerations

Costs in establishing a Company as Trustee

Some advisers are put off by the initial cost involved in establishing a company to act as trustee of the fund. However, the actual costs associated with a Sole Purpose SMSF Trustee Company are low compared to the extra costs that can be associated with individual trustee Funds, especially in documenting trustee changes.

In addition, if you also consider the succession and litigation advantages of a company over individuals, the overall cost effectiveness of a company will generally outweigh the initial incorporation costs. Further to this, should you establish a Sole Purpose SMSF Trustee Company, the only ongoing fee you will be liable for is the $45 yearly ASIC levy. The company will not have to register with the tax office, or lodge a tax return (all returns are done through the super fund).

download Download the Topdocs Corporate Trustee vs Individual Trustee information sheet

Your company and the law - ASIC information ... [more]

Australian Securities and Investment Commission (ASIC) provide detailed information relating to the responsibilities of running an Australian company.

download Download the ASIC Your Company and the Law information sheet

The Topdocs Company Share classes ... [more]

The Topdocs Company Constitution allows for any of the following types of shares when establishing your Company. On your full service order form, please select the Share Class applicable for each Director's/additional member's shareholding.

SHARE CLASS

RIGHTS ASSOCIATED WITH THE SHARE CLASS

ORD A, B

  • the right to vote at meetings of Members; and
  • the right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company
  • the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights
C, D, E, F
  • no right vote at meetings of Members; and
  • the right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company
  • the right to participate in any division of any surplus assets or profits of the Company
G, H, I, J
  • no right vote at meetings of Members; and
  • the right to receive Dividends from the Company; and
  • no right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company
  • no right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights
K
  • the right to vote at meetings of Members; and
  • no right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company
  • the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights
L
  • no right to vote at meetings of Members; and
  • the right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company.
  • no right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights
M
  • the right to vote at meetings of Members; and
  • no right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company.
  • no right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights
N
  • the right to vote at meetings of Members; and
  • no right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company.
  • the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights
O CLASS REDEEMABLE PREFERENCE
  • the right to vote at meetings of Members; and
  • no right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company
  • no right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights

    The company may at any time redeem all or redeem any one or more O class redeemable preference shares. If the company elects to do so:

    • the Company will give the holder of the shares to be redeemed seven days written notice of the redemption;
    • the notice will be delivered or posted to the Notice Address for the holder of those shares with a cheque for the amount paid up in respect of those shares; and
    • any redemption under this Rule will be effective immediately upon the expiry of seven days from the delivery or posting of the notice of redemption
P CLASS REDEEMABLE PREFERENCE
  • no right to vote at meetings of Members; and
  • the right to receive Dividends from the Company; and
  • the right to participate in the distribution of assets pursuant to clauses 156 to 158 hereof on winding up of the Company.
  • no right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights.

    The company may at any time redeem all or redeem any one or more P class redeemable preference shares. If the company elects to do so:

    • the Company will give the holder of the shares to be redeemed seven days written notice of the redemption;
    • the notice will be delivered or posted to the Notice Address for the holder of those shares with a cheque for the amount paid up in respect of those shares; and
    • any redemption under this Rule will be effective immediately upon the expiry of seven days from the delivery or posting of the notice of redemption
download Download the Topdocs Class Shares information sheet

Topdocs Company document factsheet ... [more]

The Topdocs Company document is suitable to act as both Standard and Sole Purpose SMSF Trustee Companies. The Company Constitution has been expertly drafted and is continually reviewed to ensure maximum flexibility and effectiveness. You can learn more by reading the document below.

download Download the Topdocs Company document information sheet

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.