There are certain pre-requisites before registering a company with ASIC. One of them is obtaining consents from the officeholders and members of the proposed company and the occupier of the registered office of the company. Company cannot be registered unless these consents are received by the company.

Who are required to give consent before company registration?

Before applying to register a company with ASIC, written consent must be obtained from people who agree to fill the following roles:

Officeholders and members

• director ( must be a person who is 18 years or older)
• secretary ( must be a person who is 18 years or older), and
• member (every company must have at least one member).

A proprietary company must have at least one director, but does not need to have a secretary. The director and secretary (if any), must ordinarily reside in Australia.

Occupier

If the registered office of the company will not be occupied by the company but by, for example, the solicitor or accountant, then the occupier must give written consent for the company to use that address.

How the record of consents and agreements are to be kept by the company?

The applicant must have the relevant consents and agreements before lodging the application for registration of company with ASIC. These consents are not required to be filed with ASIC. They must be kept as part of the company's records after the company is registered with ASIC. A register of members is also to be maintained by the company to record details about the members of the company.