Company Registration in Australia for Overseas Investors – A Complete Guide
Australia is one of the most attractive destinations for overseas investors expanding into the Asia-Pacific market. With its stable economy, transparent legal system, skilled workforce, and investor-friendly policies, the country offers a solid foundation for foreign entrepreneurs and corporations.
If you are a non-resident planning to register a company in Australia, it’s essential to understand the legal requirements, compliance obligations, and the right business structure for your venture.
Requirements for Non-Resident Investors
Overseas investors can set up a company in Australia, but they must comply with ASIC (Australian Securities and Investments Commission) regulations. Key requirements include:
- Resident Director – At least one company director must ordinarily reside in Australia.
- Foreign Shareholders – Permitted, and in most industries, 100% foreign ownership is allowed.
- Industry Restrictions – Sensitive sectors such as real estate, agriculture, and critical infrastructure may have additional rules.
These requirements ensure accountability and compliance with Australian corporate law.
Appointing a Local Resident Director
For non-residents, the resident director requirement is often the biggest hurdle. Many overseas investors appoint a professional resident director through trusted service providers.
Important: The resident director is legally responsible for governance, reporting, and compliance—not just a figurehead. Choosing a credible, experienced director is crucial to avoid legal and financial risks.
FIRB Approval for Overseas Investors
Some businesses require Foreign Investment Review Board (FIRB) approval before registration, especially in:
- Real estate and property acquisitions
- Agricultural businesses
- Critical infrastructure projects
- Large-scale or sensitive industry investments
FIRB approval ensures that foreign ownership aligns with Australia’s national interests.
Subsidiary vs Branch Office – Which Should You Choose?
Foreign investors typically choose between setting up a subsidiary company or a branch office in Australia.
Subsidiary Company
✔ Registered as a separate Australian legal entity (Pty Ltd)
✔ Limited liability protection
✔ Local credibility and tax advantages
✔ Ideal for long-term operations
Branch Office
✔ Functions as an extension of the parent company
✔ No separate legal entity
✔ Parent company remains liable for debts and obligations
✔ Suitable for short-term or trial operations
Most overseas businesses prefer a subsidiary for better protection, credibility, and flexibility.
Why Work with a Professional Advisor?
Registering a company in Australia as a foreign investor can be complex. From ASIC compliance and FIRB approvals to tax planning and resident director services, expert guidance is invaluable.
A registered accountant or tax agent can help you:
- Select the right company structure
- Register your company with ASIC and ABR
- Arrange compliant resident director services
- Meet ATO and ASIC obligations
Optimize your tax outcomes under both Australian and international tax laws
FAQs – Company Registration in Australia for Overseas Investors
Yes. Non-residents can register a company, but ASIC requires at least one resident director. Foreigners can be shareholders and, in most industries, own 100% of the company.
No. You don’t need to live in Australia, but you must appoint a local resident director.
Subsidiary: A separate Australian company (Pty Ltd) with limited liability.
Branch Office: An extension of the parent company, with full liability on the foreign parent.
Not always. FIRB approval is required only for certain industries like real estate, agriculture, and critical infrastructure.
If documents are in order, registration is usually completed in 1–3 business days. FIRB approvals may take longer.
Yes. Once registered, you can also apply for a business name with ASIC to trade under a different name.
Conclusion
Registering a company in Australia as an overseas investor opens the door to one of the world’s most stable and dynamic economies. While the process is straightforward, non-residents must carefully manage requirements such as appointing a resident director, checking FIRB obligations, and choosing between a subsidiary or branch office.
With the right professional support, you can confidently establish your business, stay compliant, and take advantage of Australia’s strong trade and growth opportunities.
Ready to register your company in Australia?
Book a consultation with AMA Accountants today and let our experts handle the process while you focus on growing your business.
Authored By Amit Chugh
Partner, CPA & Registered Tax Agent
Your Trusted Accountant for Adelaide, Melbourne, Sydney, Brisbane & Across Australia
Amit Chugh is a Partner at The AMA Accountant and a highly respected CPA & Registered Tax Agent with a proven track record of delivering exceptional accounting and taxation services to individuals, businesses, and corporations across Australia.
Amit Chugh is a Partner at The AMA Accountant and a highly respected CPA & Registered Tax Agent with a proven track record of delivering exceptional accounting and taxation services to individuals, businesses, and corporations across Australia.
With over 25+ of professional experience, Amit has helped thousands of clients streamline their finances, optimise tax returns, and ensure full compliance with Australian Taxation Office (ATO) requirements. His client base spans Melbourne, Brisbane, Sydney, Tasmania, Perth, Adelaide, Darwin, Canberra, and regional hubs including Prospect, Modbury, Mawson Lakes, Woodville, Mount Gambier, Victor Harbor, Whyalla, Port Lincoln, Murray Bridge, Port Augusta, Gawler, and Port Pirie.
