Resident Director Services In Australia
Supporting International Companies to Set Up in Australia
Every company registered in Australia must have at least one Director who ordinarily resides in Australia.
InCorp Advisory provides experienced Resident Directors so international businesses can meet this requirement and operate compliantly from day one.
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What Is a Resident Director?
Under the Corporations Act 2001 (Cth), every company registered in Australia must have at least one Director who ordinarily resides here.
Pty Ltd companies require at least one; public companies require at least two.
The obligation applies from the date of registration, cannot be satisfied by a nominee based offshore or a power of attorney arrangement, and must be maintained for the life of the entity.
Appointment of a Resident Director
A Resident Director is not a passive appointment.
Under Australian law, they carry the same personal liability as any other Director, including exposure to civil penalties, ATO obligations, and insolvent trading claims.
Appointing an unqualified individual, or an unprepared employee, creates real risk for both the Director and the company.
What InCorp Advisory Provides
InCorp Advisory will appoint an experienced professional as a Resident Director for your business, who understand those obligations and are structured to meet them.
The scope of the appointment, and the boundaries of liability, is documented in a Director Services Agreement and Deed of Indemnity before any appointment begins.
Director Services Agreement
Resident Director appointment handled as part of the company registration process, avoiding delays at setup. The scope of the appointment and liability boundaries are formally documented before the Director is appointed.
ASIC & ATO filings and correspondence
The Resident Director responds to regulatory correspondence Australian Tax Office (ATO) and ASIC with as the locally accountable person, keeping your overseas leadership informed. Appointment and cessation notices lodged on time. Any changes to Director details notified to ASIC within the required 28-day window.
Compliance Monitoring
Ongoing oversight of statutory obligations, financial record-keeping, company register maintenance and annual review management.
Related Services
International companies entering Australia typically require a combination of the following services alongside a Resident Director appointment.
- Company Incorporation
- Foreign Corporation Licensing
- Local Agent for Foreign Companies
- Australian Tax Registration & Compliance
- Director ID Application
- Bank Account Opening
- Corporate Secretarial & Statutory Registers
- Financial Reporting for Foreign-Owned Entities
- Substituted Accounting Period Application
Streamline Your Resident Director Compliance With InCorp Advisory
Contact Our Team
Deborah Sequeira
Head of Corporate Compliance
Lauren Sequeira
Consultant
Let InCorp Advisory take the complexity out of corporate governance.
Contact us today to explore how our Resident Director Services can benefit your business.
FAQs
A Resident Director's primary role is to satisfy the statutory residency requirement under the Corporations Act.
In practice, their details appear on ASIC's public register and they are formally named as a Director of the company.
For a foreign subsidiary, the Resident Director does not manage day-to-day operations. That responsibility remains with the company's overseas leadership.
Yes. The Corporations Act requires at least one ordinarily Resident Director for a Pty Ltd, and at least two for a public company.
A foreign company registering a local branch with ASIC under Part 5B.2 has a separate but related local agent requirement, which InCorp Advisory also provides.
A Resident Director is required for an Australian-registered company such as a Pty Ltd subsidiary.
A local agent is required for a foreign company registering a branch in Australia.
The two are separate ASIC obligations and are often needed together depending on the structure chosen.
InCorp Advisory provides both.
Appointment can typically be completed in conjunction with company registration.
ASIC processes a standard Pty Ltd registration within one to three business days.
Where a company is already registered and requires an urgent appointment, InCorp Advisory can move quickly subject to completion of its onboarding requirements.
Yes.
Once a company has a suitable person in Australia willing and qualified to act as Director, InCorp Advisory's appointment can be ceased. InCorp Advisory manages the ASIC lodgement to formalise the change. Many clients use the service during initial market entry and transition to an in-house appointment as the local team grows.
Beyond Resident Director services, InCorp Advisory offers company incorporation, corporate secretarial, registered office, accounting and tax, payroll and HR, and compliance services.
International companies typically engage InCorp Advisory across multiple services to manage all Australian compliance through a single provider.
How Can We Help You?
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Locations
Sydney Office:
Level 1, 6-10 O’Connell Street,
Sydney NSW 2000
Perth Office:
Suite 11, Lincoln House
Level 1, 4 Ventnor Avenue
West Perth WA 6005
Melbourne Office:
Level 1, 25 Burwood Road
Hawthorn VIC 3122
Brisbane Office:
Level 17, 167 Eagle Street
Brisbane QLD 4000
