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Company

14. Regulation of Companies

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Nov 2014
  • All companies in Australia are regulated by the Australian Securities and Investments Commission (ASIC) which also administers the Corporations Act 2001 (Cth). This legislation governs the procedure for:
    • acquiring public companies,
    • director duties,
    • protection of shareholders,
    • corporate governance,
    • reporting,
    • fundraising and
    • insolvency.
  • The level of regulation which your company will be subject to depends on its size.
    • Small proprietary companies are not subject to the same onerous reporting and regulatory requirements as large companies under the legislation.
  • The small proprietary company has the most appeal for a family business.
  • Small proprietary companies including the entities it controls (other companies) must fall under at least two of the following descriptions:
    • revenue for the financial year must be less than $25 million,
    • the value of consolidated assets at end of financial year must be less than $12.5 million and
    • there must be fewer than 50 employees at the end of financial year.
  • These thresholds are quite high and usually mean that small and medium family businesses will fall under the 'small proprietary company' definition.
  • Small proprietary companies are:
    • exempt from lodging certain financial reports,
    • sometimes exempt from holding and documenting shareholder meetings and
    • subject to less stringent (easier) requirements for keeping financial records.
  • For more information see our Company Compliance topic.

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