Dealing with ASIC direct Vs Utilising a registered agent
The Corporations Act requires that a company must file certain information with ASIC, and complete and lodge various forms with ASIC. A company may choose to deal directly with ASIC, or may use the services of a registered agent. The registered agent does not need to be an appointed officeholder (Director or Secretary) of the company, but must be duly authorised. A registered agent acts as an intermediary between companies and ASIC, to assist companies in meeting their filing/lodgement obligations under the Corporations Act. A registered agent does not operate on ASIC’s behalf but instead operates on behalf of companies who need to lodge information with or receive information from ASIC. Having a registered agent may help companies meet their lodgement obligations more efficiently and to check and change company details. Registered agents often lodge on behalf of a number of companies, so they are more familiar with the requirements companies need to meet under the Act and can help companies understand what information needs to be lodged with ASIC. Registered agents lodge most information with ASIC electronically, which obviates the need for the company to complete manual forms or have one of their officeholders lodge online. Benefits from having an agent lodge forms online include reducing levels of risk for late fees/fines, reducing the chance of fraudulent activity, as well as increased convenience for those who need documents lodged after standard business hours.
The registered office is where all communications and notices to the company will be sent. It is not necessarily the company’s head office or principal place of business. It can be quite common for this to be the accountant’s office address. As a separate legal entity, section 109X of the Corporations Act 2001, allows documents to be effectively served upon a company by posting to or leaving the documents at the registered office. If the register is not updated to reflect your current registered office and documents are served to an outdated address, there could be legal ramifications from overlooked service of important legal documents. It is important that you ensure your current registered office address is listed on your ASIC register and ASIC is notified within 28 days of any change to this.
If you would prefer the convenience of using The MBA Partnership as your registered agent and registered office, our annual fee for this service is currently $240 plus GST. Please complete the following booking form to engage MBA for this service.