Company Registration Checklist: 10 Questions to Answer Before You Register

Registering a company is one of the most important decisions you’ll make as a founder. It’s also one of the most front-loaded — get it right at the start and future-you will thank you. Get it wrong and you’ll be paying lawyers to undo it later.This checklist covers the 10 questions you should answer before you hit register.

Let’s dive in

1. Is a company actually the right structure?

Before anything else, make sure a Pty Ltd is actually the right fit for your situation. It often is, but not always.

Here’s the quick comparison:

• Sole trader — simplest, lowest cost, but no liability protection. You and the business are the same legal entity.
• Partnership — suits two or more people operating together informally. Also no liability shield. Good setup for Accountants and Lawyers who have their own protective insurance.
• Company (PTY LTD) — a separate legal entity. Limited liability, cleaner cap table, better for raising capital and scaling.

The right choice depends on your liability exposure, your tax position, how many people are involved, and where you want to take the business. If you’re not sure, talk to an advisor before committing.

2. What will the company be named?

Your company name is part of your legal identity, so it needs to be available and not misleading. A few things to check before you fall in love with a name:

• Search ASIC’s register to confirm it isn’t already taken
• Search IP Australia’s trade mark database to check for conflicts
• Decide whether you’ll trade under the company name or register a separate business name
• Check whether the domain and social handles are available

Getting this right upfront saves a painful rebrand later.

3. Who are the directors, and are they eligible?

Under the Corporations Act 2001 (Cth), there are rules around who can be appointed as a director. Before you proceed:

• At least one director must ordinarily reside in Australia
• Directors must be 18 or older and not disqualified from managing corporations
• If you’re an international founder without an Australian resident director, you’ll need a nominee resident director service

Once you have chosen these directors, your company will need to obtain their written consent and keep this on record (With Lawpath company formation documents, we setup these documents for you with all you need to do is sign).

You need to provide the following information about each officeholder of your company:
– Full name
– Residential address
– Place of birth
– Date of birth
– TFN Number (for ABN applications)

A director is liable for the daily operations of a company and ensuring it meets its compliance obligations. 

4. Have I got a Director ID?

This one catches a lot of people off guard, and it can incur penalties if you don’t apply for one.

Every director of an Australian company must have a Director ID (DIN): a unique 15-digit identifier that stays with you for life, across every company you’re ever involved with. It was introduced to prevent phoenixing and make it easier to track director history across the register.

You apply through the Australian Business Registry Services (ABRS) via myGovID. It’s free, it’s online, and it takes around 15 minutes. The catch: you need to apply before or immediately after being appointed as a director. You can’t register the company and get around to it later.

As mentioned in point 3, if there are multiple directors, each one needs their own DIN before they can be formally appointed. Sort this before you start the registration process — it’s a quick win that removes a common bottleneck.

5. Who are the shareholders and how should I setup my shares?

First, a quick distinction worth knowing.

A shareholder owns a piece of the company; they hold shares, receive dividends, and are entitled to a share of the value if the company is ever sold. Shareholders also vote on major structural matters: appointing or removing directors, approving constitutional changes, or winding up the company.

A director, on the other hand, manages the business — making operational decisions, signing contracts, and carrying legal duties under the Corporations Act. 

[Embed: https://www.youtube.com/watch?v=wXTED8qpFpk] 

Once appointed, they have independent authority and must act in the best interests of the company as a whole, not just at the direction of whoever owns shares. These are two separate roles, but here’s the thing: the same person can hold both. In many small companies, the founder is the sole shareholder and the sole director. 

Don’t overcomplicate this. The goal is a clean, clear ownership structure from day one — not a perfect one.

• If it’s just you: Keep it simple. Issue yourself a round number of shares — 100 ordinary shares at $1 each is perfectly standard. You don’t need complex share classes or elaborate structures at this stage. If you plan to bring others in down the track, you can issue new shares then. For now, keep it clean.
  
• If you’re bringing in a co-founder or partner straight away: Still keep the share price simple — $1 per share works fine. The more important question is the split, and that should reflect who has the final say. Voting rights matter. Think about who’s putting in what — time, capital, expertise — and let that guide the numbers. Get that decision made before registration, not after. Once you’re both in, it gets harder.
  

You need to provide the following information about each officeholder of your company:
– Full name
– Address
– TFN Number (for ABN applications)
– Number of Shares
– Share price
– Status of the shares (held on behalf of someone else or for the benefit of the shareholder)

Either way, if there’s more than one shareholder, you’ll need a Shareholders Agreement. This is a private document (separate from your Constitution) that sets out what happens when you disagree, when someone wants to leave, or when life throws a curveball. It’s far easier to write before anyone’s invested than after. Don’t skip it.

6. What is the registered office address?

Every company must have a registered office in Australia. This is where ASIC sends correspondence — it does not need to be where you actually work. Your options:

• Your business premises
• Your accountant or lawyer’s office
• A virtual office service (Lawpath offers one at 81–83 Campbell Street, Surry Hills)

Don’t use a PO box as it’s not permitted. And make sure whoever is at that address knows to forward anything from ASIC promptly.

7. What tax registrations will the company need?

Company registration is just the beginning. Here’s what you’ll need to arrange — and when:

Registration	Threshold / Timing
ABN	Apply immediately — typically issued within 1–2 business days of ACN
TFN	Arrives by post within 28 days of registration
GST	Mandatory if annual turnover ≥ $75,000; voluntary registration available below threshold
PAYG Withholding	Required before hiring any employees
Payroll Tax	State-based; thresholds vary (e.g., NSW: $1.2M annual wages)

You should setup these registrations in line with your ACN registration so everything is aligned for reporting purposes. 

8. What key agreements does the company need from day one?

Registering the company creates the legal entity. But it doesn’t protect you in how you actually operate. Before you start trading or bringing anyone into the business, make sure you have the right agreements in place:

• Employment agreements for anyone you hire as an employee
• Contractor agreements for anyone engaged as an independent contractor
• Service agreements covering what you deliver to clients and on what terms
• NDAs for sensitive conversations with suppliers, partners, or potential hires
• IP assignment agreements so the company (not the individual) owns what’s created

These aren’t just paperwork. They’re what you rely on when things go sideways. Draft them once, properly, and they’ll protect you for years. If you’re a Lawpath user, you can access all the documents above from the legal documents library. 

9. What ongoing compliance obligations will apply?

Company registration isn’t a one-time event. There are ongoing obligations that come with being a company director, and it’s worth understanding them upfront rather than being caught off guard.

Key obligations include:

• ASIC Annual Review — due each year on the anniversary of registration; fees apply
• Annual financial reporting — requirements depend on company size to be submitted to the government, but it can be done yearly during your tax return to see your financial position.
• Director duties — maintain the accuracy of the company’s information across ASIC and ATO, and notify within 28 days to ensure you don’t incur penalties
• Superannuation — paying your employee’s superannuation along with their pay is important, you must ensure it is paid to not get penalities
• BAS lodgement — quarterly, monthly, or annually if GST-registered. The ATO will send out paperwork 
• Bookkeeping – reporting daily, weekly, and monthly on your transactions into the business and out of the business is something businesses don’t think about. There is accounting software to help, but keeping on top of it is important to make tax time easier.
• Licenses, permits & insurance – Your industry may need specific licenses or insurance to keep you protected. Make sure you factor these into your cash flow to stay operable and protected.

Ignorance of your obligations isn’t a defence under the Corporations Act. The good news: they’re manageable once you know what they are.

10. Who is going to look after all of this?

Here’s the question most checklists don’t ask, and it might be the most important one on this list.

Running a business is a lot. There’s the actual work, the clients, the cash flow, the team, and layered on top of all of that, there’s the compliance. ASIC filings, tax lodgements, super deadlines, BAS, record-keeping, director obligations. It doesn’t stop when you register. In fact, that’s when it starts.

So before you hit go, ask yourself honestly: who’s going to stay on top of all of this?

Taking it on yourself is completely doable, but it’s a real commitment. Missing a deadline isn’t just a fine. As a director, some of these obligations carry personal liability. That’s not meant to scare you. It’s just worth knowing before you sign on.

If you’ve worked through these 10 questions and you know your answers, you’re in good shape. But if you’re planning to manage it solo, know that you don’t have to do it alone. Lawpath was built for exactly this moment. Bring your legal, tax, and compliance into one place so nothing slips through the cracks. We are here to help you register your company with ease.