Initial Establishment of Subsidiary and/or Branch Office 

There are several different types of business structures in Australia - a company, a sole trader, a partnership and a trust are the most common.  Companies typically can either be Proprietary or Public companies. Generally, most foreign companies seeking to set up operations and conduct business in Australia via a subsidiary incorporate a Proprietary Company. 

Beachhead can advise on the best structure and efficiently undertake the incorporation and post-incorporation processes to ensure that you have the appropriate structure operating for your business in Australia.  We can undertake:  

• Standard private Proprietary Company incorporation, or 
• Asset transfer of any existing Pty Ltd and any related assets, and/or 
• ARBN registration with ASIC of a branch office of the foreign company. 

Beachhead Expedited Business Establishment Services

It is a requirement for Australian companies (subsidiaries) and foreign companies (branch offices) in Australia to have a registered office in Australia.  It is a requirement for registrations with regulatory authorities including ASIC, the ATO and other regulatory authorities. The registered address receives official correspondence, maintains documentation and the company’s corporate Statutory Register. 

Beachhead provides registered address, virtual office services and can also support the development of physical offices and premises throughout Australia including co-location services.  

In addition to the initial establishment, statutory governance and business registrations there may be other operational registrations and licensing requirements depending on the business activities that will be undertaken in Australia.  

Beachhead supports a wide range of clients in highly regulated and complex industries.   We provide information on what registrations and licensing requirements are required and support the registration of your product, service or business either directly or via our partners.  These include: 

• Australian Financial Services License (AFSL) with/from ASIC for conducting financial services business. 
• BICON registration with the Department of Agriculture, Fisheries & Forestry (DAFF) subject to the Australian Government's Biosecurity import conditions database for more than 20,000 plants, animals, minerals and biological products. 
• Electrical Equipment registration, certification and compliance with the Electrical Equipment Safety System (EESS )  
• Therapeutic goods registration and sponsor with the Therapeutic Goods Administration (TGA) on the Australian Register of Therapeutic Goods (ARTG) 

Securing your intellectual property is a crucial early step in the market entry process.  Securing your brand assets ensures that you can establish and grow your brand effectively and efficiently. This includes your business name(s), domain name and trade marks and other IP assets.  

IP Australia is the Australian Government agency that administers intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder's rights.  The World Intellectual Property Organisation (WIPO) can also be utilised to support international trade marks and patents including “transferring” such IP rights into Australia by replicating foreign registrations to Australia via, in the case of trade marks, the Madrid Protocol. 

Applying for patents or trade marks can be a time-consuming, costly and complex process and there are common misconceptions and pitfalls. For example, incorporating or registering a business or company name does not in and of itself grant you proprietary rights in an Australian trademark.   

Beachhead can advise on, and help secure, your intellectual property.  This includes doing searches and establishing: 

• Business Name Registrations nationally  
• Domain Name Registration(s) 
• Trade Mark, Design & Patent Registrations (for the latter two we carefully selected 3rd-party partners) 

Featured Service – Pre-landing Pack 

Beachhead partners with, and prime contracts, specialist legal advisors to ensure that you get the high-quality specialist advice that you need.  Beachhead has deep expertise and knowledge and we utilise our panel of known and trusted legal and compliance experts for specialist requirements.  Beachhead actively supports a wide range of advice and services including:  

• Compliance with local regulations and laws including competition laws, consumer laws, product liability regulation, environmental legislation, and privacy laws in Australia. 
• Specialist regulatory licenses such as Australian Financial Services Licence (AFSL) registrations and TGA approvals 
• Export and import laws and regulations 
• Business-to-Business contracts 
• Employment laws and contracts  
• Localisation of operational contracts and documents including terms and conditions 
• Property and premises leases & occupancy agreements 
• Mergers and acquisitions