CHAPTER 3 Business structures 97
The main types of company are:
- proprietary companies
- companies limited by shares
- companies limited by guarantee
- no-liability companies
- unlimited companies.
Forming a company
Forming a company is more complicated than forming a sole trader business or partnership. Several
steps are required to create a company. First, the individual must apply to the Australian Securities and
Investments Commission (ASIC) for registration of the company, and must register every person who
agrees to be a shareholder, director or company secretary.
Once the company is registered, ASIC will allocate a unique Australian Company Number (ACN).
The ACN is a nine-digit number allocated to companies to ensure that they have adequate identification
when transacting business. Companies will also register for an ABN. An ABN is an eleven-digit number
allocated to companies by the ATO that assists companies with transactions involving taxes such as GST
and fringe benefits tax (FBT).
Most companies follow the jurisdiction of the Corporations Act 2001, which outlines the procedures,
and accounting and reporting requirements for companies. Under this Act, companies must prepare
financial statements in accordance with accounting standards, and the statements must be audited by an
independent auditor and then lodged with ASIC.
Certain companies also require some form of licence or permit to operate legally in a Commonwealth,
state, territory or local government jurisdiction. Because of the company’s limited liability status, com-
pany owners must comply with certain formalities and submit additional paperwork to maintain this
status. Companies must lodge an annual company tax return to report income and deductions for the
period and the income tax that they are required to pay. The current tax rate for Australian companies is
30 per cent.
3.7 Types of companies
LEARNING OBJECTIVE 3.7 Identify the different types of companies and provide examples of each.
Table 3.1 lists the various types of company structure in Australia and their characteristics.
TA BLE 3.1 Company structures in Australia
Type Characteristics
Proprietary companies Limited by shares
Public companies Limited by shares
Limited by guarantee
No-liability company
Unlimited company
Proprietary companies and SMEs
Proprietary companies, also known as private companies, are a common form of business structure
adopted by small and medium-sized entities (SMEs) in Australia. An SME is defined by the Inter-
national Accounting Standards Board (IASB) as ‘an entity that does not have public accountability and
does not need to publish general purpose financial reports for external users’ (para 1.2, IASB 2009). The
SME is the most common classification of a business entity in Australia and is the fastest growing sector.