Asic Form 201 – Fill Out and Use This PDF

Application for registration as an Australian company

Form 201

Corporations Act 2001 117

Lodgement details

An image of this form will be available as part of the public register.

Who should ASIC contact if there is a query about this form?

ASIC registered agent number (if applicable)

Firm/organisation

Pty.

Ltd.

Proprietary

Limited

No liability

NL

For business names registered before 28 May 2012 without an ABN.

If yes, I declare that I hold, or am registering the company for the holder(s) of, the identical business name(s), the registration details of which are listed below.

ABN

or

Type of company

proprietary company

public company

Class of company

limited by shares

unlimited with a share capital

limited by shares limited by guarantee unlimited with a share capital no liability

Special purpose (if applicable)

home unit (HUNT) superannuation trustee (PSTC) charitable purposes only (PNPC)

superannuation trustee (ULSS) charitable purposes only (ULSN)

Special purpose company

Refer to Guide for descriptions of special purpose companies.

A public company that is:

•a superannuation trustee, or

•for charitable purposes only, must have a constitution.

If this is a special purpose company, tick the box below to make the declaration.

I declare that this company is a special purpose company as defined under Regulation 3 of the Corporations (Review Fees) Regulations 2003.

Governance of a public company

The company will rely entirely on replaceable rules

The company has a constitution

A proposed public company which has adopted a “Constitution” must lodge a copy of the constitution with this application.

If the proposed company is to be a public company limited by guarantee, state the amount of the guarantee that each member agrees to in writing.

Registered office

You cannot use a PO Box address

Office hours

For a public company

At the office of, C/- (if applicable)

Office, unit, level

Street number and Street name

Does the company occupy the premises?

Yes

No

If no, name of occupier

Occupier’s consent (Select box to indicate the statement below is correct)

The occupier of the premises has consented in writing to the use of the specified address as the address of the registered office of the company and has not withdrawn that consent.

a. Registered office of a public company is open to the public each business day from at least 10 am to 12 noon and 2 pm to 4 pm.

b. Registered office of a public company is open to the public each business day for at least 3 hours between 9 am and 5 pm.

If b, insert hours open

fromam/pm

close

3 Appoint officeholder

A public company must have a minimum of 3 directors (2 resident in Australia)

and 1 secretary (resident in Australia).

A proprietary company must have

a minimum of 1 director (resident in Australia). The office of secretary is

optional, but if appointed one must reside in Australia.

Officeholder(s) appointment date shall

be effective from the beginning of the day on which the company becomes registered.

Former name

Street number and Street name

Country (if not Australia)

Date of birth

/ /

A public company must have a minimum of 3 directors (2 resident in

Australia) and 1 secretary (resident in Australia).

A proprietary company must have

a minimum of 1 director (resident in Australia). The office of secretary is

optional, but if appointed one must reside in Australia.

Officeholder(s) appointment date shall

be effective from the beginning of the day on which the company becomes registered.

Former name

Street number and Street name

Country (if not Australia)

Date of birth

/ /

A public company must have a minimum of 3 directors (2 resident in

Australia) and 1 secretary (resident in Australia).

A proprietary company must have

a minimum of 1 director (resident in Australia). The office of secretary is

optional, but if appointed one must reside in Australia.

Officeholder(s) appointment date shall

be effective from the beginning of the day on which the company becomes registered.

Former name

Street number and Street name

Country (if not Australia)

Date of birth

/ /

Standard share codes

Refer to the table for the share class codes for sections 5 and 6.

Share class code Full title

AA

BB ...etc

EMPemployee’s

FOUfounder’s

MANmanagement

ORDordinary

REDredeemable

SPEspecial

Member details and shareholding Indicate whether the member is an individual or a company and provide the:

•name of the individual or company

•address of the individual or company, and

•shareholding.

OR

Company name

Provide family and given names OR corporation name (include ACN/ARBN if applicable)

If the applicant is an individual - 1 signature

required.

If the applicant is a corporation - a director or secretary to sign.

If the agent for the applicant is a firm – a member/partner of the firm to sign

Payment has been attached

Name of applicant

Capacity of applicant

Individual

Corporation

Name of officeholder

Agent for individual or corporation

Name of agent

Signature of applicant

Date signed

/ /

[D D] [M M] [Y Y]

Lodgement

Guide:

Application for registration as an Australian company

This guide does not form part of the prescribed form. It is included by ASIC to assist you in completing and lodging the Form 201.

Use this form to apply to ASIC for registration of a company under the Corporations Act 2001 (Cth) (Corporations Act).

Related Forms

208- Notification of details of shares allotted other than for cash 207Z - Certification of compliance with stamp duty law

Form 201

Corporations Act 2001 117

Signature

This form must be signed by:

•the applicant; or

•a person who has consented to become a director or secretary or member of the company; or

•the agent for the applicant, being a person who has authority to sign the form on behalf of the applicant(s).

Lodgement period

Nil – to be lodged when required.

Lodging fee

A lodgement fee applies to this form.

For information on fees refer to www.asic.gov.au/forms.

Officeholder address

Officeholders’ addresses must be their usual current residential address. An alternative address may only be used where we approve an application under s205D of the Corporations Act .

Replaceable rules and constitutions

The Corporations Act contains ‘replaceable rules’ which apply to all companies—except companies where the sole member is also the sole director—and may be used to govern the internal running of the company. Companies may displace some of the replaceable rules by a constitution and be governed by a combination of replaceable rules for some things and their own constitution for others. Where the proposed company is to be governed by a combination of replaceable rules and a constitution, please tick the box that says ‘The company has a constitution’.

A company with more than one member/director may adopt a constitution provided all persons who have agreed to become a member of the company agree to the terms and conditions.

If a written constitution governs the company, a copy of the constitution must also be lodged. A public company that is:

•a superannuation trustee, or

•for charitable purposes only, must have a written constitution.

Company names

A name is available unless it is identical to:

•a name that is currently reserved or registered under the Corporations Act for another body, or

•a name that is held or registered on the business names register in respect of another individual or body who is not the person applying to have the name, or

•is unacceptable for registration under the Corporations Regulations 2001.

If it is proposed to register a name which is identical to a registered business name(s), we must be satisfied that the proposed company is entitled to the use of the name under s147. Therefore either the owner, or someone registering the company for the owner of the business name, must be the applicant for registration and the questions regarding the business name(s) shown on the Form 201 must be completed.

The information concerning identical business names on the Form 201 may instead be given in a statement attached to the Form 201 (as an annexure) under the heading ‘Declaration Regarding Registered Business Name(s)’. Be sure to provide the same information as is required on the Form 201. The statement must be dated and signed by the applicant as being ‘true and correct’ as follows: ‘I declare that the information given in this statement is true and correct’.

Shares issued other than for cash or under a written contract

For public companies

If shares will be issued for other than cash, then a Form 208 Notification of details of shares allotted other than for cash, or a copy of the ‘contract’ must be lodged.

If the shares will be issued under written contract, then a Form 207Z Certification of compliance with stamp duty law must also be lodged.

For proprietary companies

If shares will be issued under written contract or issued for other than cash, a Form 207Z Certification of compliance with stamp duty law must be lodged.

How to provide additional information

Photocopied Form 201 pages

If there is insufficient space in any section of the form, you may photocopy the relevant page(s) and submit as part of this lodgement.

Annexures

If there is insufficient space in any section of the form, you may alternately submit annexures as part of this lodgement.

To make any annexure conform to the regulations, you must

1.use A4 size paper of white or light pastel colour with a margin of at least 10mm on all sides

2.show the company name and ACN or ARBN

3.number the pages consecutively

4.print or type in BLOCK letters in dark blue or black ink so that the document is clearly legible when photocopied

5.mark the annexure with an identifying letter or symbol eg a,b,c or 1,2,3 etc.

6.endorse the annexure with the words:

This annexure (mark) of (number) pages referred to in form (form number and title) 7. sign and date the annexure

The annexure must be signed by the same person(s) who signed the form.

Privacy

The information provided to ASIC in this form may include personal information. Please refer to our privacy policy

(www.asic.gov.au/privacy) for more information about how we handle your personal information, your rights to seek access to and correct personal information, and to complain about breaches of your privacy.

Lodgement

Send completed and signed forms to:

Australian Securities and Investments Commission, PO Box 4000, Gippsland Mail Centre VIC 3841

For more information