Company business structure
By law, a company is a distinct legal entity separate from its shareholders or officers. In Australia, the most common types of company are:
- 'proprietary limited' companies (cannot raise money from the general public through share issues)
- 'public' companies (usually formed to raise or borrow public money by listing the company's shares for trading on a stock exchange).
All companies are governed by the Australian Securities and Investments Commission (ASIC), which administers the Corporations Act 2001 (Commonwealth) and other legislation. Public companies must also comply with the rules of the Australian Stock Exchange.
Advantages of companies
- Generally, shareholders can only lose the value of their shares and are not liable for the company's debts (i.e. limited liability).
- Legal arrangements are in the company's name, not in the name of its directors and managers.
- The company can trade anywhere in Australia.
- The business structure ensures continuity of management and ownership in the event of the death or disability of key people (because company shares may be transferred).
- The tax rate for companies is less than the highest rate for individuals.
Disadvantages of companies
- Companies are more regulated than other business structures.
- The rules for establishing and running a company are more complex and costly than other business structures.
- Lessors, suppliers and lenders are reluctant to lend money or enter into contracts or leases with proprietary limited companies unless directors or shareholders provide personal guarantees.
- If directors fail to meet their legal obligations, they may be held personally liable for the company's debts.
- Profits distributed by companies to shareholders are taxable.
Other business structures
- Contact ASIC on 1300 300 630 or (07) 3867 4900 for more detailed information on forming a company.
- Contact the Australian Taxation Office on 13 72 26 for more detailed tax information.
- Contact our Business Support Services team for general information and useful resources.
- Consult your legal and tax advisers for more personalised guidance.
- Last reviewed
- November 15, 2013