You don't need to live in Australia to own an Australian company. Non-residents can hold all the shares in a proprietary limited company (Pty Ltd) and can be directors. But two requirements catch almost every overseas founder: the company needs at least one director who ordinarily lives in Australia, and it needs a physical registered office in Australia.
This guide explains both requirements, how Director IDs, ABNs and TFNs work for non-residents, and what you can and can't do from offshore. It explains the rules; for advice on tax residency, foreign investment or visas, speak to an adviser in those areas.
Rules and fees in this article are stated as at September 2026. Confirm current requirements at asic.gov.au and ato.gov.au.
Requirements at a glance
Requirement |
Rule |
Can a non-resident meet it alone? |
|---|---|---|
| Shareholders | At least one; no residency requirement | Yes |
| Directors | At least one director who ordinarily resides in Australia (s201A) | No |
| Company secretary | Optional for a Pty Ltd; if appointed, at least one must ordinarily reside in Australia (s204A) | No, if you appoint one |
| Registered office | A physical address in Australia (s142), with occupier consent if not occupied by the company (s143) | Only with an Australian address |
| Director ID | Required for every director before appointment | Yes, by paper application |
| ABN | Available if the company carries on an enterprise in Australia | Yes |
| TFN | Available to the company | Yes |
| ASIC registration fee | $636 | Yes |
1. The resident director requirement
Section 201A of the Corporations Act 2001 requires a proprietary company to have at least one director who ordinarily resides in Australia. Other directors can live anywhere.
"Ordinarily resides" is about where the person actually lives, not their citizenship. An Australian citizen who has lived in Singapore for years may not qualify. A foreign national living in Australia on a long-term visa may.
Ways founders meet the requirement
- A co-founder or senior employee who lives in Australia joins the board.
- A trusted business contact agrees to act as a director.
- A professional or nominee director service. These exist, but they are not a formality.
Whoever takes the role is a director in every legal sense. They owe duties to the company, can be personally liable for breaches such as insolvent trading, and are entitled to information about the company. Choose someone you trust, agree terms in writing, and don't treat the appointment as a signature for hire.
If you can't find a resident director
A different route is to register your overseas company as a foreign company in Australia under Part 5B.2 of the Corporations Act. That gives your existing company an Australian Registered Body Number (ARBN) instead of creating a new Australian company. A registered foreign company must appoint a local agent who lives in Australia and have a registered office in Australia. It suits some businesses, but it brings its own reporting obligations.
2. The registered office requirement
Every Australian company must have a registered office in Australia (section 142). It must be a physical address, not a PO box, and it is where ASIC notices and legal documents are sent. Documents delivered there are treated as served on the company, so someone must deal with the mail promptly.
If the company doesn't occupy the premises, the occupier must consent in writing (section 143). An overseas founder usually has three options: the resident director's address, an accountant's office, or a commercial registered office service.
When choosing a commercial provider, overseas founders tend to screen hard for legitimacy, and they should. From 1 July 2026, businesses that provide a registered office or business address as a service have obligations under Australia's anti-money laundering laws. Our AUSTRAC and virtual addresses guide explains what changed and how to check that a provider is enrolled on the AUSTRAC Reporting Entity Roll. For the ASIC side, see Can You Use a Virtual Address as Your Registered Office in Australia?.
3. Director IDs for non-residents
Every director, including those overseas, needs a Director ID before being appointed. Directors with Australian identity documents usually apply online using myID at Standard identity strength or higher. Directors without them can apply using a paper form with certified copies of identity documents, which takes longer.
Start the Director ID applications early. They are the most common cause of delay for overseas founders.
4. ABN and TFN
Once registered, the company can apply for an Australian Business Number if it is carrying on an enterprise in Australia. The ABN is free. A company can also apply for its own tax file number at no cost.
A company incorporated in Australia is generally treated as an Australian resident for tax purposes, regardless of where its shareholders live. What that means for your group structure, dividends and home-country tax is a question for a tax adviser.
GST registration becomes compulsory once GST turnover reaches the threshold ($75,000 for most businesses, as at September 2026). See GST Registration Threshold.
5. What you can and can't do from offshore
Task |
Possible from overseas? |
|---|---|
| Lodge the company registration online | Yes, directly or through an ASIC-integrated provider |
| Apply for a Director ID | Yes, usually by paper application if you lack Australian ID |
| Sign company documents | Yes; electronic signing is permitted under the Corporations Act |
| Hold directors' meetings | Yes, using video or other technology |
| Hold shares | Yes |
| Satisfy the resident director rule | No — someone living in Australia must be a director |
| Use an overseas address as the registered office | No |
| Open a business bank account | Sometimes; many banks require identity checks that are harder offshore |
| Work in Australia yourself | Only with an appropriate visa |
6. Bank accounts
Banks carry out their own customer checks on the company, its directors and its beneficial owners. Overseas directors can expect more documentation and, with some banks, an in-person requirement. A registered office from a provider that has verified your identity doesn't guarantee a bank account, but a consistent, verifiable address and complete documents help.
7. Other regimes to be aware of
- Foreign investment approval may apply to some investments, such as land or sensitive sectors.
- Visas govern whether you can work in Australia, not whether you can own a company.
- Home-country rules may affect how you fund or receive money from an Australian company.
Common mistakes overseas founders make
Treating the resident director as a formality. The resident director is fully responsible as a director. Problems arise when that person doesn't know what the company is doing or can't be contacted. Keep them informed and give them access to records.
Using an address that can't receive documents. A friend's flat or a mail drop with no one checking the mail means ASIC notices and legal documents may go unseen. Missed notices can lead to late fees, and ongoing failures can lead to deregistration.
Leaving Director IDs to the last minute. Paper applications for directors without Australian ID take longer than online ones. A company can't appoint a director who doesn't yet have an ID.
Assuming the bank account will be quick. Build time for bank onboarding into your launch plan. Having the company extract, constitution (if any), director identity documents and proof of the registered office ready helps.
Forgetting ongoing obligations. The company must pay the ASIC annual review fee each year, keep its details current within 28 days of a change, keep financial records and lodge tax returns. These obligations don't pause because the owners live overseas.
After registration: running the company from overseas
Once the company is set up, most administration can be done remotely. Directors can sign documents electronically, hold meetings by video and receive scanned mail from their registered office provider. What can't be done remotely is replace the resident director or the Australian registered office. If your resident director resigns, you must appoint a new one who ordinarily resides in Australia, and notify ASIC of the change.
Step-by-step summary
- Confirm who will be your resident director.
- Apply for Director IDs for every director.
- Arrange a registered office in Australia with written occupier consent.
- Choose a company name and check availability.
- Register the company with ASIC (Form 201).
- Apply for an ABN and TFN, and GST if required.
- Open a business bank account.
Costs for overseas founders
The ASIC registration fee is the same for residents and non-residents: $636 as at September 2026, with a $342 annual review fee each year after. On top of that, overseas founders typically pay for a registered office service and, if they use one, a resident or nominee director arrangement. Certified identity documents for Director ID applications, courier costs and extra accounting time for cross-border matters can also add up. Ask any provider for a full written quote before you commit.
Frequently asked questions
Can a foreigner own 100% of an Australian company?
Yes. There is no residency requirement for shareholders. The company still needs one director who ordinarily resides in Australia.
Can all directors of a Pty Ltd live overseas?
No. At least one director must ordinarily reside in Australia under section 201A of the Corporations Act.
Can my registered office be overseas?
No. It must be a physical address in Australia, with written consent from the occupier if the company doesn't occupy it.
Do overseas directors need a Director ID?
Yes. Every director needs one before appointment. Directors without Australian identity documents apply by paper form.
How do I check a registered office provider is legitimate?
Check it provides written occupier consent and is enrolled on the AUSTRAC Reporting Entity Roll. Our AUSTRAC guide explains how.
Related reading
- AUSTRAC and Virtual Addresses: What the 2026 Rules Mean
- Can You Use a Virtual Address as Your Registered Office in Australia?
About the author: Alisha Aneja is a co-founder of Space Penguin and leads technology and product. She writes about company setup, registration and compliance for Australian founders.