Your overseas company’s ongoing ASIC compliance checklist for Australia

Many of the foreign registered companies we support are surprised by how strict Australia’s regulatory environment can be. Establishing your company here is a great first step, but to keep your operations running smoothly, there are some important ongoing obligations you need to be aware of.

By Ro Elvinia

If you are operating in Australia as a registered foreign company (otherwise known as a branch), we have put together below a simple guide outlining the key requirements you must meet after registration.

Appointing an ASIC local agent
A critical part of remaining compliant in Australia is the appointment of an ASIC local agent. This individual or company acts as your representative and bears legal responsibility for ensuring your operations meet Australian regulatory standards. The agent must be available for official correspondence and must be formally recorded with ASIC. If the appointed agent resigns or ceases to act, a replacement must be nominated without delay to avoid compliance breaches. At ABN Australia, we regularly act as ASIC local agents for international companies and can take full responsibility for managing this role with efficiency and accuracy.

Maintaining a registered office address in Australia
Every registered foreign company in Australia is required to maintain a registered office address within the country. This must be a physical location – not just a P.O. Box – where official communications can be sent and where someone is available during specified hours. Unless you notify ASIC of alternative arrangements, the office must be accessible to the public Monday to Friday between 10:00 AM–12:00 PM and 2:00 PM–4:00 PM.

If managing this setup locally is challenging for you, many companies choose to use professional service providers who can host the registered office on their behalf. ABN Australia offers such a service, eliminating the need for your international business to invest in a full-time local office space.

Displaying the correct business information
In order to comply with Australian corporate regulations, your company must display specific business information in a clear and accessible manner. This includes ensuring that your company name and the country in which it is incorporated are visible at your registered office and any other location open to the public. Additionally, all outward-facing communications – such as websites, emails, legal documents, and marketing materials – must include this same information.

Where relevant, a “Registered Office” sign should also be displayed, and if your company’s legal name doesn’t end in “Limited” or “Ltd,” a limited liability statement must be provided. These steps help build transparency and establish legitimacy in the local business landscape.

Including your Australian Registered Body Number (ARBN) on all company materials
Once your company is registered in Australia, ASIC assigns a unique number called the ARBN. This identifier must be included on all official documents your company issues, including contracts, statements, and corporate stationery. Companies involved in managing foreign passport funds are also required to reference the relevant fund number. Accurate use of the ARBN is a basic but crucial compliance step.

Complying with ASIC filing obligations
Once your foreign company is registered in Australia, staying compliant means keeping up with ongoing reporting obligations. ASIC requires specific documents to be submitted at regular intervals, including financial statements and, in some cases, an annual return. Understanding what needs to be lodged – and when – is essential to avoid penalties and maintain good standing. Here is what you need to know:

Submitting financial statements to ASIC
As part of your obligations, you must submit a full set of financial statements to ASIC at least once a year, and no more than 15 months apart. These documents typically include a balance sheet, profit and loss statement, and a cash flow statement. You will also need to submit Form 405 and may be required to include additional financial documents depending on the regulations in your home country. Certain companies, such as those with an Australian Financial Services licence, may have extra requirements. We provide comprehensive support for the timely and correct lodgement of all financial statements to ensure nothing is overlooked.
Understanding the annual return option
Some companies qualify to file an Annual Return instead of full financial statements. This option, submitted via Form 406, simplifies the reporting process but is still a formal compliance obligation. The timing of the return depends on whether you hold an Annual General Meeting (AGM); it is typically due one month after the AGM or on an agreed-upon annual date. Determining whether your company qualifies for this option can be confusing, but we help clients understand their status and take care of submissions accordingly.
Managing deadlines to avoid penalties
Missing compliance deadlines can result in avoidable fines, delays, and additional administrative burdens. That is why it is essential to stay on top of submission schedules and legal requirements. Whether it is annual lodgements or updates to ASIC records, keeping everything timely ensures your operations remain uninterrupted. ABN Australia manages compliance deadlines on your behalf, helping you avoid penalties while staying focused on running your business.

Keeping a branch register of members
If your foreign company has shareholders and any of them request that their shares be recorded in Australia, you are obligated to maintain a local branch register. This request must be acted upon within one month, and the register must remain in place unless the shareholder explicitly agrees to its removal.

Reporting changes to ASIC
Any significant changes to your company’s operations or structure must be promptly reported to ASIC using the correct forms. For example, if you appoint a new ASIC local agent, change office hours, alter company rules, or add or remove directors, these updates must be officially lodged. Each type of change has a specific form and we can take care of all documentation and submissions on your behalf, ensuring you remain compliant as your business evolves.

Keeping it simple with ABN Australia

Navigating compliance in a foreign jurisdiction can be overwhelming, but it does not have to be. ABN Australia has helped hundreds of companies like yours establish and manage their operations smoothly in Australia. From acting as your ASIC local agent and providing a registered office address, to managing your ASIC forms and regulatory deadlines, we offer comprehensive support every step of the way. If you are looking for a partner who understands both the local landscape and international business needs, get in touch with our team today. We are here to make it easy.

Published: 06th June 2025 | Last updated: 06th June 2025