
How to form a company in Australia from India
By Dr. Anil Gupta, Global Expansion Advisor · Updated October 2026 · About 15 minutes to read
Most Indian founders register a proprietary limited company (Pty Ltd) with ASIC. Choose the name and shareholders, get a director ID for every director, appoint at least one director who ordinarily lives in Australia, give an Australian registered office, then lodge the application online. Registration is often same day. After that, apply for the ABN and TFN, register for GST when needed, and complete Form FC through your bank in India before sending the money.
Pick a business structure that fits your plan
Australia offers six common structures. Only two suit an investor based in India: a new Pty Ltd, or registering your Indian company as a foreign company. Choose a structure to compare.
Pty Ltd
A private company registered with ASIC and owned through shares. It is a separate legal entity, so the company, not the owners, carries its contracts and debts. One Indian individual or one Indian company can hold every share.
It can have up to 50 shareholders who are not employees, at least one director who ordinarily lives in Australia, and an Australian registered office. A company secretary is optional.
Best for most Indian founders and subsidiaries- Registration fee
- A$636 from 1 July 2026
- Annual review fee
- A$342
- Resident director
- At least one
- Owner liability
- Limited to unpaid share capital
Public company
Can raise money from the public and have unlimited shareholders, but needs at least three directors (two ordinarily resident in Australia) and a resident company secretary. Audited accounts, annual general meetings and heavier reporting apply.
Best for groups planning to raise public capital- Directors
- Three, two resident
- Secretary
- Required, resident
- Annual review fee
- A$1,583
- Reporting
- Audited financial reports
Registered foreign company
Your existing Indian company registers with ASIC as a foreign company and receives an Australian Registered Body Number. It trades in its own name, so the Indian parent is liable for everything done in Australia. It needs a local agent who lives in Australia and a registered office.
Best for short projects led by an established Indian company- Legal entity
- Same as the Indian company
- Local agent
- Required
- Accounts
- Parent financial statements lodged yearly
- Owner liability
- Unlimited for the parent
Sole trader
An individual trades under their own ABN. It is cheap and simple, but there is no separate entity and the owner is personally liable. It suits someone who already lives and works lawfully in Australia, not an investor based in India.
Best for residents testing a small service business- Separate entity
- No
- Registration
- ABN, business name if used
- Tax
- Individual rates
- Owner liability
- Unlimited
Partnership
Two or more people or companies carry on business together with a partnership ABN and tax file number. Partners share profits and are jointly liable for debts, so most foreign investors prefer a company.
Best for professionals working together locally- Separate entity
- No
- Tax
- Partnership return, partners taxed
- Agreement
- Strongly advised
- Owner liability
- Joint and unlimited
Trust
Common among Australian family businesses, often with a Pty Ltd acting as trustee. Trusts bring tax planning options but add deed, trustee and distribution rules, and foreign beneficiaries can face extra tax and duty. Take local advice before choosing one.
Best for specific tax planning after advice- Trustee
- Often a Pty Ltd
- Document
- Trust deed
- Tax
- Distributions taxed to beneficiaries
- Complexity
- High for non residents
Register a Pty Ltd in five steps
The ASIC filing is the fast part. Most of the work sits around it: the director IDs, the resident director and the Indian funding route.
Decide who owns the company
Choose whether you hold the shares personally, through your Indian company, or both. That choice sets the Indian investment route, who signs, and who carries liability.
PlanSettle the name, shares and rules
Check the name on the ASIC register, decide the share classes and split, and choose a constitution or the replaceable rules. If you will trade under another name, register a business name too.
PlanLine up the people and the address
Appoint a resident director, get a director ID for every director, and secure a registered office in Australia that will consent to the role. Collect written consents from each officer.
PrepareLodge with ASIC
Lodge Form 201 online or through a registered agent and pay the A$636 fee. ASIC issues the certificate of registration and the Australian Company Number, often on the same day.
RegisterSwitch on tax, banking and India reporting
Apply for the ABN and TFN, register for GST and PAYG withholding when needed and open a business account. In India, file Form FC through your authorised dealer bank and remit the capital.
Operate
What to gather before you lodge
ASIC asks for details rather than uploads, but your bank, accountant and the Indian bank will ask for proof. Collect one consistent file.
The Australian company
- Proposed company name and any business name
- State of registration
- Registered office and principal place of business
- Share classes, numbers and amounts paid
- Constitution, or a decision to use the replaceable rules
Each director and shareholder
- Full name, date and place of birth
- Residential address
- Director ID for every director
- Signed consent to act as director
- Passport and address proof for the bank
If an Indian company owns it
- Certificate of incorporation and constitution
- Board resolution approving the investment
- Authority of the signing officer
- Ownership chart to the ultimate owners
- Form FC and UIN from your authorised dealer bank

Getting certified copies right
Directors applying for a director ID from India send certified copies of their identity documents with a paper application. Have them certified by an authorised person, keep the names exactly as on the passport, and send English versions of any documents in other languages.
Where Australian banks or advisers ask for formal legalisation, an apostille from India's Ministry of External Affairs is usually accepted because both countries are parties to the Apostille Convention.
Founder in Australia or founder in India
You can own all of the shares from India. What changes is who sits on the board, how directors prove identity and how money moves.

New subsidiary, or register your Indian company
Since 2001 every Australian company has been registered nationally with ASIC, so there is no state versus federal incorporation choice. The real choice is between these two routes.
New Australian Pty Ltd
- Separate Australian company with its own ACN
- Liability stays inside the subsidiary
- Needs one resident director and a registered office
- Indian investment reported through Form FC
Choose this if you plan a lasting presence, local hires or Australian customers who expect a local entity.
Indian company registered as a foreign company
- The Indian company itself trades with an ARBN
- The Indian parent is liable for Australian activity
- Needs a local agent and a registered office
- Parent accounts lodged with ASIC each year
Choose this if you are delivering a defined project and the parent already carries the contracts.
Where Indian founders get stuck, and the fix
No resident director
ASIC will not register a Pty Ltd without one, and many founders leave this to the last week.
Agree the resident director first and record duties, fees and limits on their authority in writing.
Director ID is delayed
Directors abroad cannot use the online identity route and wait on a paper application.
Apply for every director ID at the start, with correctly certified documents.
Bank account stalls
Banks question new companies whose owners and directors are mainly overseas.
Prepare a business plan, ownership chart and source of funds proof. Our banking team can help.
Money sent before Form FC
Remitting capital before the ODI filing creates a FEMA problem in India.
File Form FC with your authorised dealer bank, receive the UIN, then remit.
Annual review missed
The ASIC review fee and solvency resolution fall due each year, even for a quiet company.
Diarise the review date and pay within two months to avoid late fees.
Ownership mistaken for a visa
Founders plan to move on the strength of the company, then find no visa follows.
Assess the visa route separately with our immigration support.
Costs, timing and the yearly cycle
The ASIC fees are small. Budget mainly for the resident director, the registered office and accounting.
Pty Ltd fee from 1 July 2026; ASIC updates fees each July.
Payable every year from the first anniversary.
One year, only if you trade under another name; A$108 for three years.
Priced after a free consultation; government fees shown separately.
| When | Duty |
|---|---|
| Within 28 days of any change | Notify ASIC of changes to officers, addresses or shares |
| Monthly or quarterly | Business activity statement for GST and PAYG withholding |
| Each pay cycle | Superannuation guarantee of 12% and payroll reporting |
| Each year on the review date | ASIC annual review fee and solvency resolution |
| Each year | Company tax return to the ATO |
| By 31 December | Annual Performance Report in India |
| By 15 July | FLA return to RBI |

Tax at a glance
- 25%
- Base rate entity company tax
- 30%
- General company tax rate
- 10%
- GST, register at A$75,000 turnover
- 15%
- Treaty cap on unfranked dividends to India
Sources checked October 2026: ASIC, Australian Business Registry Services, Australian Taxation Office, Foreign Investment Review Board and the RBI overseas investment directions.
One team for Australia and India
Comply Globally coordinates the resident director, the ASIC filing and the ODI paperwork with your bank, then keeps both countries' deadlines in one calendar through our entity solutions.
40 questions, sorted by topic
Pick a topic on the left, or use All 40 FAQs at the end of the list.
Getting started
Can an Indian citizen start a company in Australia?
Yes. An Indian individual or an Indian company can own 100% of an Australian Pty Ltd. The company does need at least one director who ordinarily lives in Australia and an Australian registered office.
Which company type do most Indian founders choose?
A proprietary limited company (Pty Ltd). It is a separate legal entity with limited liability, it is cheap to register and maintain, and Australian banks and customers know it well.
Who registers companies in Australia?
The Australian Securities and Investments Commission (ASIC). Registration is national, so a company registered once can trade in every state and territory.
How long does registration take?
Once every director has a director ID and the details are ready, an online ASIC application is often processed the same day. The director ID for someone outside Australia and the Indian ODI step usually take longer than ASIC itself.
Is there a minimum share capital?
No. A Pty Ltd can be registered with a small number of shares at a nominal value, even one share. Banks and landlords may expect enough funds to show the business is real.
Can one person own and run the company?
One person can be the only shareholder and the only director, but that director must ordinarily live in Australia. A founder in India therefore needs a second, resident director.
Do I need a company secretary?
Not for a Pty Ltd. A public company must have a secretary who ordinarily lives in Australia.
Structure and routes
What is the difference between a Pty Ltd and a public company?
A Pty Ltd is limited to 50 non employee shareholders and cannot raise funds from the public. A public company can, but needs three directors, a secretary, audited accounts and a higher annual review fee.
Can my Indian company open a branch instead?
Yes. It can register with ASIC as a foreign company and receive an ARBN. It then trades directly, the Indian company is liable for the Australian activity, and it must appoint a local agent and lodge its accounts each year.
Is a subsidiary or a registered foreign company better?
Most investors choose a subsidiary because it limits liability to the Australian company and is easier for banks and customers. A registered foreign company can suit a short project run by an established parent.
Do I choose a state when I register?
You choose the state of registration for the record, but company law is national and the company can trade anywhere. State rules still matter for payroll tax, stamp duty, licences and land.
Can a Pty Ltd act as trustee of a trust?
Yes, and many Australian businesses use that structure. It adds a trust deed and tax rules on distributions, and foreign beneficiaries can pay extra duty and tax, so take advice first.
Do I need FIRB approval to start a company?
Usually not for a new business that does not buy land or operate in a sensitive sector. Approval from the Foreign Investment Review Board can be needed to buy property or to invest in sensitive businesses, so check before you commit.
Founders abroad
Why does a Pty Ltd need a resident director?
The Corporations Act requires at least one director of a proprietary company to ordinarily reside in Australia. Without one, ASIC will not register the company and an existing company falls out of compliance.
Who can act as the resident director?
Any eligible adult who ordinarily lives in Australia, such as a trusted partner, employee or professional director. They carry full legal duties, so agree the role, fees and decision making in writing.
Do directors living in India need a director ID?
Yes. Every director needs a director ID before appointment. People outside Australia usually apply by paper form with certified identity documents, which takes longer than the online route used by residents.
Can I manage the company from India?
Yes, with care. If key decisions are made in India, the company could be treated as tax resident in India too. Hold board decisions and keep records in line with how you intend the company to be managed.
Does owning an Australian company give me a visa?
No. Company ownership does not give a right to live or work in Australia. Founders who want to move need a separate visa, and the old Business Innovation and Investment programme has closed to new applications. See our Australia visa guide for Indian entrepreneurs.
Can the registered office be a virtual address?
It must be a real address in Australia where documents can be served, not a PO box. Many founders use their accountant or a professional service that consents to act as the registered office.
What must I do in India before funding the company?
Resident Indians invest through an authorised dealer bank under the overseas investment rules. Form FC is filed, RBI allots a unique identification number, and annual returns follow. Read our FEMA and RBI guide for Australian companies.
Documents
What details does ASIC need?
The company name, the state of registration, the registered office and principal place of business, each director and shareholder with their personal details and director ID, the share structure and the consents of every officer.
What is a company constitution?
A document setting the company's internal rules. A Pty Ltd can rely on the replaceable rules in the Corporations Act instead, but most founders with partners or investors adopt a constitution.
What documents does an Indian parent company need?
Its certificate of incorporation, constitutional documents, a board resolution approving the investment and appointing an authorised signatory, and details of its ultimate owners.
Are Indian documents accepted in Australia?
Generally yes, with certified copies and English versions. India and Australia are both parties to the Apostille Convention, so an apostille from the Ministry of External Affairs is usually enough where formal legalisation is needed.
Which registers must the company keep?
A register of members, minutes of directors' and members' meetings, financial records for seven years and the officers' consents. Changes to officers, addresses or shares are notified to ASIC within 28 days.
Tax and costs
How much does it cost to register a Pty Ltd?
The ASIC registration fee is A$636 from 1 July 2026, and the annual review fee is A$342. Add the address service, the resident director arrangement, accounting and tax advice. Read the Australia company costs guide for a full breakdown.
What corporate tax rate applies?
The general company rate is 30%. A base rate entity, broadly a company with aggregated turnover under A$50 million and mostly active income, pays 25%. Our Australia tax guide for Indian entrepreneurs explains the tests.
When must the company register for GST?
Once its GST turnover reaches, or is expected to reach, A$75,000 a year. GST is charged at 10%, and the company can register voluntarily earlier to claim input credits.
What are an ABN and a TFN?
The Australian Business Number identifies the business for tax and commercial dealings, and the tax file number is used for the company's income tax. Both are applied for after ASIC registration.
Is tax withheld on dividends paid to India?
Fully franked dividends generally carry no withholding tax. Unfranked dividends are subject to withholding, which the India Australia tax treaty limits to 15%.
What does Comply Globally charge for Australia?
Comply Globally quotes Australian formation after a free consultation because the cost depends on the resident director arrangement and the structure. Government and third party fees are shown separately.
After registration
What happens after ASIC registers the company?
You receive the certificate and Australian Company Number. Then apply for the ABN and TFN, register for GST and PAYG withholding when needed, open a bank account and set up records and payroll.
What is the ASIC annual review?
Each year on the review date ASIC issues a company statement. You check the details, pay the review fee and pass a solvency resolution within two months. Late payment attracts fees.
Does a small Pty Ltd lodge accounts with ASIC?
Usually not. Most small proprietary companies keep financial records but do not lodge financial reports with ASIC unless they are foreign controlled and not exempt, or a shareholder or ASIC directs it.
What are the employer duties?
Register for PAYG withholding, pay at least the superannuation guarantee of 12% of ordinary time earnings, follow the Fair Work rules and check state payroll tax once wages pass the state threshold.
Does a dormant company still have duties?
Yes. The annual review fee, solvency resolution, tax return and record keeping continue even without trading. On the India side, the APR is still due by 31 December and the FLA return by 15 July.
How do I keep track of all the deadlines?
Diarise the ASIC review date, BAS and GST dates, tax return due date and the Indian APR and FLA dates in one calendar. Our Australia compliance checklist lists them.
How Comply Globally helps
Can Comply Globally arrange the resident director?
Comply Globally can help you find and document a suitable resident director arrangement through its Australian partners and set out the duties and fees in writing.
Can Comply Globally handle the Indian ODI filings?
Yes. The team prepares Form FC with your authorised dealer bank, tracks the UIN and keeps the APR and FLA dates in your calendar alongside the Australian deadlines.
Does Comply Globally help with banking?
Comply Globally prepares the evidence Australian banks ask for and introduces options through its cross border banking support. The bank makes the final decision.
Your Australia launch checklist
Forming a Pty Ltd from India is quick once three things are settled: a resident director, a registered office and the Indian investment route. Work through these lists in order.
Prepare
- Choose Pty Ltd or foreign company registration
- Check the company name
- Appoint a resident director
- Get a director ID for every director
- Secure a registered office
Register
- Lodge Form 201 and pay A$636
- Keep the certificate and ACN
- Apply for the ABN and TFN
- Register for GST and PAYG if needed
- File Form FC, then remit capital
Stay compliant
- ASIC review fee and solvency resolution
- BAS, tax return and super payments
- Notify changes within 28 days
- APR by 31 December
- FLA return by 15 July
Settle the resident director and the ODI route first. Everything else in the Australian process usually takes days, not weeks.
Talk to an expert