The registered office of a company is an important legal requirement. All registered bodies are required under the Corporations Act 2001 (Cth) to have a registered office to which correspondence may be addressed. Whilst a company may decide to have its registered office at the same address as the company’s principal place of business, this option may not always be suitable. When establishing or altering the location or operating hours of a registered office, care must be taken to observe the requirements of the Act. It is important to note that the Act does distinguish between public and proprietary companies.
Section 145 requires that the registered office of a public company be open to the public each business day from at least 10 am to 12 pm and 2 pm to 4 pm OR for at least three hours between 9 am – 5 pm. If a company chooses the latter option and decides to select its own opening hours, those hours must be detailed upon registration. Importantly, a representative of the body must be present at the registered office at all times when the office is open.
As long as these conditions are satisfied, a company may choose where to locate its registered office. A company may even list its registered office at a premises which the company does not occupy, provided that the occupier of the premises has provided written consent for this to occur.
It is noted that ASIC must be notified, in the prescribed form, of any plans to change the opening hours of a company’s registered office prior to the change.
Differently, a proprietary company is not required to open its registered office to the public, but this does not affect its obligation to make documents available for inspection (see Part 1.5.3).
If a company intends to change the location of its registered office, it must notify ASIC of the change no later than 28 days after the date on which the change occurred. This applies to both public and proprietary companies.
For more information regarding the Registered Office of a Company
If you require any assistance in understanding your legal obligations for your company, please feel free to contact our office and speak with a Business Development Officer on (07) 3252 0011 to discuss your matter today.