What is a registered office and what are the requirements?
Every company registered in Australia must have a registered office. The registered office is the company’s official address for service: documents, including court documents and statutory demands, can be served by leaving them at or posting them to it (section 109X). ASIC may also send correspondence to the company’s registered agent or contact address. The registered office address is publicly available on the ASIC register.
The registered office must be a physical address within Australia. A PO Box, mail forwarding address, or virtual office that does not have a physical premises is not sufficient. Opening hours are a separate question, and one that is often stated incorrectly. Under section 145, the registered office of a public company must be open to the public each business day from 10:00am to 12 noon and from 2:00pm to 4:00pm, or for at least three hours between 9:00am and 5:00pm as notified to ASIC. That obligation applies to public companies only. A proprietary company has no opening-hours requirement.
The registered office does not have to be the place where the company conducts its business. Many companies use their accountant’s or lawyer’s office, a serviced office, or a professional registered office service. What every company needs, whatever its type, is written consent from the occupier where the company does not occupy the premises itself, and an arrangement that gets documents served at the address in front of the people who have to act on them.
If the company changes its registered office address, it must notify ASIC within 28 days by lodging a Form 484. Failure to maintain a valid registered office or to notify ASIC of a change is an offence under the Corporations Act.
CoSec Partners provides registered office services at our premises at 232 Unley Road, Unley SA 5061. CoSec Partners Pty Ltd is the occupier of those premises, so we give the occupier’s consent ourselves and keep it on file. Before we provide the address we verify the identity of the company and its beneficial owners, as required under the AML/CTF Act. Our office is staffed during business hours and we manage all ASIC and government correspondence on behalf of the company. We provide the service to proprietary companies. The registered office service can be added to any company registration or taken up by existing companies.
Frequently asked questions
Does a Pty Ltd registered office have to be open to the public?
No. The opening hours obligation in section 145 applies to public companies, which must be open to the public at set times each business day. Proprietary companies have no opening hours requirement, although the address still has to be one where documents are actually received and acted on.
Can I use my accountant’s address as my registered office?
Yes, with their written consent as occupier, and many companies do. The practical question is whether legal documents served at that address reach the people who must act on them. Court documents and statutory demands can be served at the registered office, and ASIC may also write to it where no registered agent or other contact address applies.
Can the registered office be a home address?
It can, provided it is a physical address in Australia and the occupier consents. Be aware that the registered office appears on the public register, so using a residential address makes that address publicly searchable, which is one of the main reasons companies use a service address instead.
This article is general information only and does not constitute legal, financial, or tax advice. While we endeavour to keep content accurate and current, laws and regulations change frequently. For advice specific to your circumstances, please consult a qualified professional adviser. CoSec Partners Pty Ltd accepts no liability for actions taken based on this content.