There are two ways in which foreign companies can establish a business entity in Australia. Broadly speaking, they involve establishing an Australian subsidiary or registering in Australia as a foreign company. Registration as a foreign company is sometimes commonly referred to as establishing a "branch office".

Anyone (or any company) can apply to set up a new company (subsidiary) in Australia. That process is described at Incorporation and Registration.

A foreign company carrying on business in Australia must register as a foreign company under Div 2 of Pt 5B.2 of the Corporations Act 2001 (Cth).

See Carry on business.

A “foreign company” includes a body corporate that is formed outside of Australia or in an external territory: s 9 . Exemptions apply to bodies corporate that are corporations sole or an exempt public authority.

A corporation sole is not defined in the Corporations Act 2001 (Cth). However in general it refers to one person only, holding a public office or ecclesiastical office that has a separate and continuing legal existence.

For current purposes, an "exempt public authority" means a body corporate that is incorporated within Australia or an external territory and is:

• a public authority; or

• an instrumentality or agency of the Crown in right of the Commonwealth, in right of a State or in right of a territory.

A foreign company can also be an unincorporated body formed outside of Australia or in an external territory, if it does not have its head office or principal place of business in Australia and under the laws of its place of formation it may sue or be sued or may hold property in the name of its secretary or other officer.

See Process of registration of a foreign company in Australia.

A foreign company must not carry on business in Australia unless it is registered or has applied to be registered as a foreign company with ASIC and the application has not been dealt with: s 601CD(1) .

See Obligations of registered foreign companies.

See Compliance.

See Cessation of business.