What does ordinarily resides in Australia mean for Australian company registration?

By Vivian Michael | International Startups

When you set up an Australian company, at least one of your company directors needs to reside in Australia. 

This is a legal requirement. And the Corporations Act 2001 (Cth) covers the requirements.

So here's what you need to know.

The Corporations Act 

You’ll need to have at least 1 director that must ordinarily reside in Australia.

Now, you can have an overseas director or director(s) as well. But, you need to have one director that ordinarily resides in Australia. 

Ordinarily resides meaning 

The Corporations Act does not define ordinarily resides unfortunately. 

And, without a definition in the Corporations Act, many look to the residency test set by the Australian Tax Office (ATO). 

Why? First, to understand how tax will apply, and also to get an idea of what resides means generally.  

Here's the ATO's definition of resides in Australia and what they take into account. 

And here's another good article about setting up a company.

Questions? comments? Leave them below.

I wish you every success in all your ventures!



About the Author

Vivian Michael is a lawyer and founder of Michael Law Group. Vivian's mission is to make quality business legal services accessible to entrepreneurs launching in Australia that would otherwise DIY, rely on legacy contracts or go without.

Leave a Comment:

Leave a Comment: