Company Formations

Reckon Docs is a leading provider of Company Formations in Australia. Documentation relating to new company formations is prepared, reviewed and maintained by Hunt & Hunt, a leading law firm in Australia. 

Reckon Docs provides a range of company structures to suit your requirements, including: Preferred Named Companies, Shelf Companies (established but not traded), Public Companies Limited by Shares or Limited by Guarantee. 

Reckon Docs also provides other company related services, including: Company Name Search, Company Constitution Upgrades, Company Deregistration, Domain Name Search and Registration, Sole Purpose Superannuation Trustee Companies and Company Compliance (to ensure your company details are updated with ASIC)

Reckon Docs provides its customers with free over-the-phone legal advice to all Reckon Docs clients.  To access this service please call 1800 888 210.

 Company Name Search:  To search the availability of a company name, click here.

Documents included in the Company Formation Package

  • ASIC Certificate  
  • Constitution
  • Instructions Pack
  • Bank Pack
  • Tax Pack
  • Director's Consent
  • Secretary's Consent
  • Directors Minute of First Meeting
  • Directors Minute for Bank Account
  • Directors Minute for Public Officer
  • Members Minute for Appointing Agent
  • Application for Shares
  • Share Certificate
  • Registers
  • Journals
  • Copy of ASIC forms 

Delivery Options

Deluxe Binder

The Reckon Docs Deluxe Binder Package includes all of the above documents printed, collated, bound and presented in a black soft-touch two-ring binder with index tabs. This register includes 2 bound copies of the company constitution and 1 loose copy of the company constitution.

In addition, this register includes blank minutes, consent forms, application for shares, share certificates, and registers to assist in updating records of the company. Various ATO forms are also provided to assist the set up of an ABN and TFN.

Space Saver

The Reckon Docs Space Saver Package includes the above documents and they are presented in a black slimline box-file. This packaging option includes the essential documentation required to complete the set up of the company.

DIY Electronic delivery

The Reckon Docs Electronic Package includes the above documents and they are e-mailed to you as a PDF file to a specified e-mail address once the company has been incorporated with ASIC. Adobe Reader is required to open the PDF file.

Preferred Name Companies

A proprietary company, limited by shares is generally the most appropriate company structure for small businesses. This company structure is a private company, which is also known as a Proprietary Limited Company, or Pty Ltd company.

Preferred Name companies are those registered with a company name of choice (i.e. set up in the preferred name). Preferred Named Companies are incorporated with proposed officeholders nominated and appointed from the date of registration.

A Preferred Name Pty Ltd Company can not trade on the stock exchange and must not engage in any activity requiring a Prospectus.

Shelf Companies

Reckon Docs pre-registers companies in the various states around Australia and keeps them on hand, i.e. “on the shelf”, therefore called “Shelf Companies”.

While Preferred Name companies are more popular than a shelf (pre-named) company as you can register a company with your own name selected. Reckon Docs has a number of Shelf Companies available to assist our professional clients who require a pre-established company. 

Reckon Docs Shelf Companies have already been registered with ASIC, but have never traded, and are available for immediate use.

Shelf Company Availability

Choose from a list of Shelf Companies to suit your needs.  Click here to view the list of available Shelf Companies.

Please note shelf company stock has a higher tax input credit than preferred name companies.

To order a Shelf Company, click here.

Public Companies

Public Company Limited by Guarantee

A Company Limited by Guarantee does not have share capital and members are not required to contribute capital upfront or while the company is operating. However, in the event of the company being wound up and unable to pay its debts its members are liable to pay up a specified amount known as the "Guarantee Amount".

A Company Limited by Guarantee is a non-profit organisation and must not distribute any income to its members. Due to these two features Companies Limited by Guarantee are most often set up for clubs and charities.

Public Companies Limited by Guarantee have additional requirements, which are:

  • a minimum of 3 directors, 2 of which must readily reside in Australia
  • a minimum of 1 secretary who must readily reside in Australia
  • Company Objectives to be provided for ASIC approval

Note: Documentation regarding the issue of Shares, Registers, and Certificates are not applicable for a Public Company Limited by Guarantee and therefore not provided in the package.

Public Company Limited by Shares

A Public Company Limited by Shares has share capital and, unlike Proprietary Companies, may market its shares to the general public.

Public Companies Limited by Shares may be listed on the stock exchange. Unless authority has been obtained from ASIC, the word "Limited" or "Ltd" must appear at the end of the company's name.

Other requirements of setting up a Public Company Limited by Shares are:

  • a minimum of 3 directors, 2 of which must readily reside in Australia
  • a minimum of 1 secretary who must readily reside in Australia
  • Lodgement of the constitution with ASIC upon registration

 

 

Company Name Search

New companies established within Australia require registration with the Australian Securities and Investments Commission (ASIC). Reckon Docs establishes new companies by registering them with ASIC and preparing all documentation required by the Corporations Act 2001.

To set up a company, Reckon Docs recommends that you first check to see if the company name you want to use is available. Please note, you cannot register the plural of an existing company name (i.e. Hot Pies Pty Ltd will not be available if the company name Hot Pie Pty Ltd is already registered with ASIC). See Schedule 6 provided by ASIC for a thorough explanation of company naming rules.

Reckon Docs has a direct link with ASIC. To search the availability of a company name, complete the details below.

Advantages of Incorporating your Business

There are many advantages to setting up your business as a Company compared to being a Sole Trader. You will need to consider if some of these advantages benefit you:

  • A higher level of legal liability protection for your business
  • Greater protection for your personal assets in the event of a claim
  • Tax advantages
  • Access to Worker's Compensation Cover
  • Ease of transfer for the sale of a business

Is your company constitution in need of an upgrade?

The Reckon Docs Company Constitution has been prepared by Hunt & Hunt, a leading Australian law firm.  The Reckon Docs Company Constitution is up-to-date, compliant and includes Division 7A Loan Agreement provisions. 

When you order a constitution upgrade, you will receive:

  • A new constitution
  • Minutes of Directors' Meeting
  • Notice of General Meeting of Shareholders
  • Minutes of General Meeting of Shareholders

Reckon Docs provides cost effective company compliance services to ensure the company’s details are updated with ASIC’s records, to both meet ASIC standards and remain compliant. 

For more information click here.

Company Deregistration

The deregistration of a company often is the simplest and most economical means of disposing of a company that is no longer required and would otherwise necessitate the recurrent preparation of annual returns and associated ASIC annual fees.

Reckon Docs can arrange for the deregistration of a company, including the preparation of all applicable minutes and notices to formally record a company deregistration, prepare and lodge the appropriate ASIC forms, monitor the publication in the ASIC Gazette and forward to the company directors a copy of the company deregistration acknowledgement.

If ASIC rejects an application for deregistration it will not refund your application fee.

A company deregistration can occur when:

  • All members of the company agree to deregister
  • The company is not carrying on a business
  • The company's assets are worth less than $1,000
  • The company has paid all fees and penalties payable under the Corporations' Act 2001
  • The company has no outstanding liabilities
  • The company is not a party to any legal proceedings

The following criteria are required to be met before ASIC will allow company deregistration:

  • An application for voluntary deregistration with the application fee must be lodged
  • All outstanding documents have been lodged with ASIC
  • All outstanding fees have been paid to ASIC
  • All outstanding charges against the company have been satisfied

To deregister a company, click here.

Web Domains

Domain Name Registration

Most new businesses need a web presence to keep their clients informed as well as for marketing purposes. In order to make their web site easy to find (and remember) most businesses use a website name (otherwise known as a Domain Name), that is derived from their business name, such as www.reckon.com.au.

While the rules governing Australian domain name registration are strictly enforced they are relatively straight forward. The following is a brief overview:

Domain names must:

  • Be an exact match or an acronym or an abbreviation of the registrant's company or trading name, organisation or association name or trademark; or
  • Be otherwise closely and substantially connected to the registrant.

Domain Name Composition

Domain names must:

  • Be at least 2 characters long;
  • Contain only letters (a-z), numbers (0-9) and hyphens (-), or a combination of these;
  • Start and end with a number or a letter, not a hyphen; and
  • Not contain hyphens in the third and fourth position (eg. ab--cd.com.au).

Domain Name Eligibility

To be eligible for a com.au domain name, registrants must be one of the following:

  • An Australian registered company;
  • Trading under a registered business name in any Australian State or Territory;
  • An Australian partnership or sole trader;
  • A foreign company licensed to trade in Australia;
  • An owner of an Australian Registered Trade Mark;
  • An association incorporated in any Australian State or Territory.

Domain Name Availability

Domain name registrations in Australia are allocated on a 'first come, first served' basis. It is not possible to pre-register or otherwise reserve a domain name.

Reckon Docs suggests that if you have a business idea you should secure your web domain name as soon as possible - before someone else does and then it becomes unavailable for you to use.

Click here to check if the name you want is available.

Register a Domain Name

To register a Domain Name, click here.

Online Orders

The easiest way to order a Company is through our online ordering system, Reckon Docs Online.  It is free to sign up and use Reckon Docs Online, the only cost to you is for any orders that you place.  Simply sign in using the login box on the side of this page.

Email or Fax Order Forms

If you would prefer to place your order by email or fax, simply click here and download the relevant order .

For tips on completing the downloaded order form, click here.

 

 

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