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Resident Directors

 

Australian Resident Director and Public Officer Services

Deep Knowledge and Expertise

When expanding into Australia, international businesses must navigate a complex regulatory environment. One key requirement is the appointment of an Australian Resident Director and a Public Officer. These roles are vital for ensuring that your business complies with Australian laws and regulations. At Beachhead, we specialise in providing comprehensive services to help international businesses meet these requirements.

Beachhead provides a nominee director service to act as Australian Resident Director and as Public Officer of Australian subsidiaries of overseas entities. As well, we act as Local Agent and Public Officer for foreign parent entities registered as an Australian Registered Body Number (ARBN), essentially a branch office. 

Why is an Australian Resident Director Required?

For all foreign companies seeking to establish an Australian subsidiary, it is a regulatory requirement to appoint a local Australian Resident Director and, for trading companies, a  Public Officer.  The Australian Resident Director plays a crucial role in the company’s governance and is responsible for ensuring that the company complies with Australian corporate laws, including the Corporations Act 2001.

Insights on Australian Resident Director Requirements

Insights on Public Officers in Australia

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What We Do

Comprehensive Resident Director and Public Officer Services

At Beachhead Advantage, we offer tailored solutions to help international businesses meet their essential requirements in Australia.

Our services include:

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Resident Directorships

We can appoint a qualified and experienced Australian Resident Director to your company.

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Public Officer Services

Our team can fulfill the role of Public Officer for the ATO, ensuring all tax obligations are met.

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Ongoing Compliance Support

We provide continuous support to ensure your business remains compliant with Australian laws.

Statutory Governance Roles

Duties and Responsibilities

 

Australian Resident Director

Australian company law (Australian Corporations Act 2001) requires a Proprietary Company to have at least one Australian-resident director, a public company requires three directors (two of whom must be resident).  

 

Australian Resident Public Officer

All trading Australian companies are required to have a Public Officer, which is a statutory role responsible to the Australian Tax Office.    This role may be served concurrently by the Resident Director. 

 

Director's Duties

Directors are registered with ASIC and must comply with prescribed director’s duties. Directors’ duties are complex and prescribed by law and in legislation and must be followed assiduously.  Failure to comply with these obligations can result in significant penalties and legal repercussions.

Key responsibilities of the Resident Director's include:

  • Overseeing Corporate Governance: Ensuring the company adheres to Australian corporate laws.
  • Compliance Management: Regularly reviewing the company’s compliance with statutory obligations.
  • Liability and Accountability: The Resident Director can be held personally liable for certain breaches of Australian law.

Specific Resident Directors' duties include monitoring executive performance, preventing insolvent trading, acting in the best interests of the company, avoiding conflicts of interest, maintaining records and ensuring all financial reports are delivered on a timely manner.

 

Public Officer Duties

The Public Officer acts as the authorised representative of the company in its communication and liaison with the Australian Tax Office (ATO) and signs off on official returns lodged with the ATO.

The Public Officer is also ipso facto financially responsible for the actions relating to, and filings of, the company’s tax affairs. Technically, their personal liability to the ATO is the same as the company’s in relation to tax, filings and fines. 

Key responsibilities of the Public Officer include:

  • Tax Compliance: Lodging tax returns and ensuring accurate reporting to the ATO.
  • Representation: Acting as the company’s liaison with the ATO.
  • Record Keeping: Maintaining and safeguarding accurate financial records.

The Public Officer role may be served concurrently by the Resident Director. 

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Statutory Governance
Expert, Safe and Fiscally Responsible

Choosing the right partner is essential when expanding your business into a new market. 

Beachhead has deep experience and knowledge in providing safe and fiscally responsible statutory governance services.

We have been providing Australian Resident Director and Public Officer services for international businesses for over 15 years.

Resident Director and Public Officer Insights

Get in touch

Let us know how we can help.

To learn more about our Australian Resident Director and Public Officer services, please contact us today. We’re here to help you navigate the complexities of doing business in Australia.

You can also contact us via email info@beachheadmgt.com

or telephone +61 (0)2 9045 8851.