Enquiry

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Terms & Conditions

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We offer a convenient credit facility however, as a large proportion of Our fees are made up of disbursements to ASIC payable on registration of Your company order, Our trading terms must be strictly complied with.

The terms "We", "Us" and "Our" mean the organisation providing the service. The terms "You", "Your" and "Yours" mean the entity, organisation, person or firm placing an order for a company or service with Us and if more than one, jointly and severally.

  1. We may offer a credit facility at Our discretion which may be withdrawn by Us at any time.
  2. Our credit terms are 30 days from invoice and even though You are acting as agent of Your client, You, in addition to Your client, will be personally liable to pay Us for the service We provide Your client. You also will be liable, in addition to Your client, to reimburse Us for any expenses We may incur. Our entitlement to be reimbursed includes a right to recover amounts paid to the Australian Securities and Investments Commission ("ASIC").
  3. If You do not pay Us We may write to Your client and ask them to pay. If the amount is not paid We will be entitled to sue You, Your client or both You and Your client in any legal proceedings. Your liability to pay remains despite any action that We may take against Your client.
  4. We will be dealing with ASIC as Your client's agent. We will not be incurring liabilities with ASIC as principal, nor as Your agent, but will be acting as agent on behalf of Your client. However, You also are liable to reimburse Us for discharging these liabilities.
  5. You warrant to Us and it is an essential term that We are appointed as agent in connection with every company order.
  6. The amount We charge is an amount that is inclusive of any goods and services tax ("GST"). Any GST that is payable for any taxable supply that We make will be identified. The total amount that We charge may include components that constitute merely a reimbursement of expenses incurred on behalf of Your client (for which You also are liable) upon which no GST liability has arisen.
  7. As You are personally liable to pay all amounts that may be owing by Your client to Us, all invoices will be to Your account. All invoices to Your account must be paid whether or not You change Your name and whether or not You change the nature of Your legal personality, for example by reconstituting Your partnership or by incorporating or otherwise. These liabilities of Yours will only cease when the account has been paid in full or if We agree expressly in writing that someone else is responsible to pay Your account and that other person has agreed in writing to do so in a manner that is enforceable by Us.
  8. These terms are governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New South Wales and You consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Us relating to the subject matter and shall not be modified except in writing, signed by Us
  9. A specimen of the proposed Constitution has been read by You and You are satisfied and Your client is satisfied, that the company when completed in accordance with the information set out in the company order, will meet all Your and Your client's requirements. On receipt of the company You and Your client will check it to ensure that it has been completed in accordance with those requirements.
  10. You agree that person whose name first appears in your order, as a director, with an address in Australia, (called "Applicant" in these terms & conditions) has agreed to being the Applicant for purposes of the ASIC application for registration of the proposed company and on the basis of the information in Your order and that the Applicant has the necessary written consents and agreements referred to in Your order concerning the members and officeholders and that the Applicant will give the consents and agreements to the Company after the Company becomes registered and that the information provided in this Order and therefore the application for registration is true and correct at the date and time of completing this Order.
  11. You acknowledge and agree that; You are solely responsible for ensuring that Your instructions to Us are correct. We are under no obligation to verify the correctness of Your instructions. Without limitation, We are entitled to provide the requested company or service without further enquiry and You accept all responsibility and indemnify Us in respect of all claims by any person or company, including, without limitation, whether in respect of the type of company and or service chosen, its suitability for You or Your client's purposes or otherwise.
  12. To the maximum extent permitted by applicable law, We are not liable for and exclude all liability for loss or damage (including any indirect or consequential loss or damage) arising out of or in relation to any and all delays, errors, or omissions in providing the company or service; a failure to properly carry out Your instructions; negligence; acts of default or omission of any kind whatsoever and however caused; or any acts of default or omission or any fraud or negligence of any kind whatsoever and however caused whether or not caused by Our employees, agents or contractors. We make no warranties in relation to the company or the service except to the extent that they are implied under any applicable law that cannot be excluded.
  13. If an applicable law does not permit the limitation or exclusion of Our liability as provided in these terms, Our total liability in that event for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise shall not exceed the amount paid, if any, for the relevant company or service sought by You, however, We may instead, at Our discretion, re-supply the service.
  14. We do not ascertain whether a particular proposed company name is already in use by another entity and accordingly We do not accept responsibility for the registration of a name similar to an existing name. You and Your client understand that the onus is not on Us but on you to have regard to similar names or to names which may possibly be confused with or mistaken for another name. You accept that registration by ASIC does not give any rights to that name.
  15. We are not a legal adviser, nor do We act as a legal adviser, nor are We competent or qualified to act in, or in conjunction with, the carrying out of the functions of a legal adviser.
  16. In these terms the singular includes the plural and vice versa.
  17. Every order placed with Us for a company is subject to the current version of these terms and conditions and every time you order you must accept the terms and conditions which are viewable by You with every order. If You do not accept when ordering Our ordering system will not permit You to proceed further.

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Company Registration

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  • Proposed name of company (preferably include 2nd and 3rd choices as well)
  • The State or Territory Company will be taken to be registered
  • If the proposed name is identical to a registered business name and all the owners of the business name are to be members of the company:

    State or Territory of registration and Registered business number (if business registered prior to 28 May 2012)  OR

    Australian business number (if business registered on or after 28 May 2012)
  • Type of company - standard Pty Ltd or special purpose SMSF trustee
  • Registered office address of the company (not a PO Box) including occupier’s name if company will not be occupying the address
  • Principal Place of Business of the company (not a PO Box)
  • If there is to be an ultimate holding company on registration, its name and ACN/ABN or ARBN and country of incorporation (if not Australia)
  • For officeholders and shareholders – full name (+ACN if a corporate shareholder), residential address and date and place of birth (town and state if within Australia, country only if overseas)
  • For officeholders – whether they are to be Director, Secretary or both.  (Note: The office of secretary is optional, but if appointed one must reside in Australia)
  • For shareholders – number and class of shares, paid and unpaid amounts and whether or not the shares will be held beneficially
  • Type of register – electronic documents only, presentation folder or full register
  • Would you like an extra copy of the company documents emailed directly to your client
  • For an additional fee, would you like a common seal
  • Would you like your firm’s name and address printed on the cover of the company constitution
  • Would you like the ASIC administration of the company to be done through Corpliance, SmartCorp’s online ASIC compliance service

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Unit Trust

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  • Name of Trust. Must not end with “Pty Limited”. The Trust name does not have to include the word “Trust”, but usually does.
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located)
  • Full name (and ACN if a company) and address of Trustee. Can be either two or more individuals, or a company. Sole individual Trustees are not permitted.
  • Chairperson of Trustee (for minutes)
  • Names of unit holders. May be individuals, companies, trusts or superannuation funds. Charities are not normally included. If a trust or superannuation fund is holding the units, you must also enter the name of the Trustee of the trust or superannuation fund including its ACN (if a company).
  • Type of register – electronic documents only, presentation folder or full register.
  • Would you like an extra copy of the trust documents emailed directly to your client?
  • Would you like your firm’s name and address printed on the cover of the deed?

SMSF Establishment

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  • Name of Fund.  Must not end with Pty Limited. The name does not have to include the words, “Superannuation Fund” but usually does.
  • Jurisdiction. Normally the State or Territory where the Trustee and Members are located.
  • Full Name (and ACN if a company) and address of Trustee(s). A corporate trustee is preferable.

    (i)  For a corporate Trustee, full names of directors.  All the directors of the company must be Members of the Fund and there must be no other directors.  Each director must not employ any other Member, unless they are related.
    In a sole Member fund, that Member may be the sole director of the corporate Trustee or there may be one other director, who must not employ the Member, unless they are related.
    (ii)  For individual Trustees, all Trustees must be Members of the Fund and none of the Trustees must employ any other Member, unless they are related.
    In a sole Member fund, two Trustees are required, one of whom must be the Member.  The second Trustee must be over 18 years of age (DOB required) and must not employ the Member, unless they are related.
  • For any employer who will be contributing to the Fund, their name (and ACN if a company) and address and if the employer is a company, the full names of all directors (required for Minutes).
  • A SMSF has a maximum of four Members.  For each Member, their full name and address, sex and date of birth as well as their marital status and date of commencement of employment, if known.
  • Type of register – electronic documents only, presentation folder or full register
  • Would you like an extra copy of the trust documents emailed directly to your client
  • Would you like your firm’s name and address printed on the cover of the deed

SMSF Deed Update

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  • Name of Fund
  • Jurisdiction. Normally the State or Territory where the Trustee and Members are located.
  • Type of Fund (Employer Sponsored or Self Employed/Gainfully Occupied).  After updating, the office of Principal Employer will cease to exist for Employer Sponsored funds. The former Principal Employer may still make contributions to the Fund as a Contributing Employer.
  • Name of parties who have power to amend the deed (e.g. Trustee)
  • Clause number in deed stating which parties have power to amend the deed.
  • Full Name (and ACN if a company) and address of Principal Employer (if any)
  • For any other employer who contributes to the Fund, their name (and ACN if a company) and address and if the employer is a company, the full names of all directors (required for Minutes).
  • Full Name and address of each Member of the Fund.
  • Full Name (and ACN if a company) and address of Trustee(s). If Corporate Trustee, full names of directors.
  • Type of register – electronic documents or hard copy
  • Would you like your firm’s name and address printed on the cover of the deed?

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Discretionary Trust

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  • Name of Trust. Must not end with Pty Limited. The Trust name does not have to include the word “Trust”, but usually does
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located)
  • Full name (and ACN if a company) and address of Trustee. A corporate Trustee is preferable. If not a company, at least two individuals are preferred
  • Chairperson of Trustee (for minutes)
  • Full name (and ACN if a company) and address of Appointor(s). The Appointor has the power to appoint and remove the Trustee.

  • The Settlor must be an individual 18 years of age or over. A company cannot act as Settlor. They must be at arm’s length from the trust and are not permitted to benefit from the trust; therefore they cannot also be the Trustee, the Appointor or a beneficiary of the trust. The Settlor should not be acting as the Agent of the person establishing the trust

  • Settled sum. A dollar amount must be specified. The settled sum is usually only a nominal amount ($10 or $20). The settled sum should be paid from the Settlor’s own funds and should not be reimbursed either directly or indirectly by any other person.
  • Names of beneficiaries and any persons to be excluded as beneficiaries (if required)
  • Type of register – electronic documents only, presentation folder or full register
  • Would you like an extra copy of the trust documents emailed directly to your client
  • Would you like your firm’s name and address printed on the cover of the deed

SMSF Borrowing Trust

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  • Name of SMSF Borrowing Trust
  • Jurisdiction.  Normally the State or Territory where the Trustee and Members are located.
  • Name of SMSF
  • Name of SMSF Borrowing Trust
  • Full Name, ACN and address of Custodian Trustee (Trustee of the Borrowing Trust).  The Custodian Trustee must be a company; Individual Trustees are not permitted.  The Custodian Trustee must not also be the Trustee of the SMSF.
  • Full Names of Directors of Custodian Trustee, one to be appointed as Chairperson (Address to be provided)
  • Address of the asset to be purchased
  • Legal Description of the asset (eg Lot and DP number) if known.
  • Full Name, ACN (if a company) and address of Trustee(s) of SMSF.  If Corporate Trustee, full names of all directors, one to be appointed as Chairperson.
  • Would you like an extra copy of the trust documents emailed directly to your client

Enquiry

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Thank you! Your submission has been received!

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Contact us on 1300 856 972