Refer to this resource on how to register a company: http://www.asic.gov.au/asic/asic.nsf/byheadline/Starting+a+company+or+business?openDocument
Under s201A <http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s201a.html>of the Corporations Act which governs commerce in Australia, you need to have at least one director who "ordinarily resides in Australia". Why your question is interesting is that the law doesn't define explicitly that you need to be a citizen or permanent resident -- in America, you are limited from registering S Corps by being a "resident" which means a tax resident. The answer to what is "ordinarily resides" can be hinted in the Foreign and Takeovers Act (1975)<http://www.austlii.edu.au/au/legis/cth/consol_act/faata1975355/s5a.html>, where it states you need to be legally able to stay in Australia (like on a visa) if you're not a permanent resident or citizen. An an aside, this is why company's typically set up branches over subsidiaries (the former being unincorporated business representing their overseas parent interest). But given you are looking at this as a hack to get residence in Australia (in the legally can stay and live in Australia), sorry I don't think this will work for you. But a hack on the hack ;) is what a lot of scrappy and smart foreign entrepreneurs in the US have done, like Rapportive. Rahul was telling me how his lawyer advice he and his two co-founders effectively hire themselves by their company, under the H1B (the main employment visa in the US) but with three being the magic number. The reason why they can do this legally (and this interpretation has very recently been supported officially by a determination, as part of the Startup America project) is that you can employ yourself as you have the ability to "fire" yourself ie, if you are the sole employee, you're not a true employee unless you have a superior like a board of directors that shows the employment relationship. Elias Bizannes http://eliasbizannes.com *Coming to a freeway near you:* http://startupbus.com On Tue, Oct 18, 2011 at 11:09 AM, Lambaster <[email protected]> wrote: > Hi all > I have a small Question ? Is it possible for someone to > register a company in their name sitting in a different geographical > location ..? > > My friend and I have been planning of something and I'm not too sure > If I can register it both in India and there in Australia... We both > are not physically in Australia > > If I am doing it, 'll it help me out with PR and > Stuff..??? > > Can someone explain me on this.. > > Thanks, > Suresh > > -- > You received this message because you are subscribed to the Silicon Beach > Australia mailing list. Vist http://siliconbeachaustralia.org for more > > Forum rules > 1) No lurkers! It is expected that you introduce yourself. > 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs > > > To post to this group, send email to > [email protected] > To unsubscribe from this group, send email to > [email protected] > For more options, visit this group at > http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en > -- You received this message because you are subscribed to the Silicon Beach Australia mailing list. Vist http://siliconbeachaustralia.org for more Forum rules 1) No lurkers! It is expected that you introduce yourself. 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en
