Trustee / ABN / Stamping


Anyone can register an Australian company. The only conditions are; Company must have at least one Australian resident director and a physical Australian address for the registered office of the company.

Yes, but within prescribed guidelines. The name must not be identical to a company already registered or a registered business name. There are also restrictions on certain words. More information about rules regarding a company name can be found here Choose a company name

Yes, a Pty Ltd company can be formed with one person who can be both a shareholder and a director.

If you already have a registered business name, and you want to register a company with that same name, you can do that. While filling the company registration application you must inform ASIC whether the proposed name is identical to already registered business name or not.

If the proposed name is identical to already registered business name, you will be required to provide –

  • the ABN, if business name was registered after 28 May 2012 OR
  • the state or territory of registration and the registered Business Number, if the business name was registered before 28 May 2012.

If you have got your proposed company name already reserved with ASIC you will need to submit the reservation letter received from ASIC and an authorisation letter. Hence, your company will not be automatically lodged directly with ASIC. For reserved names, after submitting the application please fax these two documents to our office at 02 9037 0320 or, our support centre will get in touch with you and guide you further.

You can choose either up to six individual trustees or a corporate trustee where all members must be Directors of the Trustee company (essentially, a company acting as trustee for the fund). Our one form can create an SMSF with either Individual or a company trustee and provide all legal documents for individual or corporate trustee (including register the company with ASIC) which you will ever need to set up an SMSF.

You should discuss which trustee is suitable in your situation with a SMSF professional, we cannot give you this advice as the two structures differ in terms of member and trustee requirements, cost of operating, ownership of fund assets, succession on death of members and penalties imposed on breach.

Your application may be rejected by ASIC for a number of reasons like proposed company name not conforming to the guidelines laid down by ASIC, incorrect holding company's ACN or for any other reason. If your application is rejected, you will receive an email from our system detailing the reason of rejection. You can login to our website using your password and fix the application and re-lodge it. If you have any difficulty, please do not hesitate to contact our support centre on 02 9037 0320.

As soon as the company is registered with ASIC, our automatic system generates all the relevant documents which are instantly emailed to you. You can also get the documents printed, professionally bound and express couriered to you in a 'Deluxe Soft Leather Feel' folder with all documents marked with 'Sign Here' stickers by paying additional $75.

All these documents can also be downloaded from our website anytime and from anywhere after logging in.

No, we provide the service of registering your company with ASIC only. Registering with ASIC does not mean automatic registration for ABN and TFN. You can register for ABN and TFN online at for free. We have also provided an application form in the document package for offline registration for ABN and TFN. You also have the option for additional $ to use our form to Apply for an ABN, TFN Registration where we will pre-fill the online ABR application form for you and save you over half an hour of your time.

You can register only Proprietary companies limited by shares on our website.

Certainly you can. We have direct connectivity with ASIC server which means you can form your company 24/7.

If your company has not yet been registered and is rejected by ASIC for whatsoever reason, you can access your application by logging in and edit the information before resubmitting it.

However, if the company has already been registered, the matter moves to ASIC's domain and we will not be able to help you. There are various forms provided by ASIC to change various details.

Some of these are:

  • Form 205A: For correcting incorrect company name. There is an ASIC fee to lodge this form. So you need to be very careful while filling the form. Even if you make a typing mistake, it would cost you $395 to fix it.
  • Form 484: For changing details of a company like adding or deleting a director or shareholder or changing share structure or changing the registered office of a company.
  • Form 492: For correcting personal details like date of birth of officeholders.

No, we only provide a service to register the companies online. We are not a law firm or accountants. We cannot advice you on the suitability or otherwise of the company structure for you. All the information provided on our website is generic in nature and you should seek suitable professional advice before buying anything from our website.

No, we do not provide a common seal. Since 1st July, 1998 the use of a common seal is optional. A document is considered correctly executed by a company if it is signed by two directors or a director and secretary or by a single director if he is the sole director and secretary

Out of the total fee, $576 goes to ASIC as registration fee and balance is our service fee plus cost of documents provided. Once a company is registered, the ASIC fee of $576 is not recoverable. The only refund possible is of our service fee and that too in exceptional circumstances at our discretion.

However, if the company is rejected by ASIC and you do not want to proceed with the registration process, we can refund the whole amount after deducting 4% merchant charges.


You will be provided with a Certificate of registration of "Australian Business Number" issued by the Australian Business Registrar and the trust's Tax File Number will be sent by the ATO to the trust's nominated address for service of Notice and your ABN will appear on "ABN Lookup" page.

You can apply for an ABN for free on However the government online form takes about half hour to fill as you have to fill in several pages. We can pre-fill this form for you. You can lodge your ABN, TFN & GST application with your trust information and some additional information which you have to provide on our form. We will notify you when your ABN is registered and is ready to use.

You can apply for an ABN, TFN registration for your family discretionary trust using our online form.

Company's registered by ASIC are eligible for an ABN if they carry on an enterprise. If your company is going to only act as a trustee of a trust, usually you will not need an ABN for that trustee company, however, we recommend that you seek your independent legal advice or talk to ATO.

Yes in majority of the cases where all information is duly provided, Australian business registrar (ABR) issues ABN instantly. However, where identity of any associate cannot be verified or more information is needed by ABR then it is possible that instead of an ABN you get a reference number and ABR contact you within 20 days to request further information.

Yes, it is possible that ABR refuses to issue you an ABN in some exceptional circumstances. They will send you a refusal number and you will receive a letter within 14 days confirming your refusal and the reasons for refusal.

ABN is issued instantly as soon as you lodge your online application on our website. However if any information is incorrect, for example the information provided does not match ATO records, then ABR will need some more information from you. This new information will be requested by ABR directly within 28 days from the date of lodgment.

No. It must apply for its own ABN. An ABN identifies a particular business and if you are trading as a sole trader, then your ABN is for that enterprise and not for your new company.

Yes, you can apply for the trust ABN directly on

The information collected by us is the same as required by ABR however, for the ease of our customers who are filling out the form, we have automatically filled in answers for same of the standards questions based on your responses. Also some of the non-mandaotry questions have not been considered. If you intend to provide additional details, you can always contact them and update your details. Details of the these questions as well as our presumed answers are as follows:

ABN Entitlement
1 For taxation purposes which type of entity is the applicant?* Trust
2 Are the terms of the trust set out in a trust deed or are the terms of the trust implied?* Yes
3 Will your activities be carried out in Australia?* Yes
4 Have you started or are you taking steps to start your activity?* Yes
Application detail
5 Does the applicant currently have an Australian Business Number (ABN) or previously had an ABN?* No
6 Does the applicant wish to apply for an Australian Business Number (ABN)?* Yes
7 Does the applicant have a Tax File Number?* No
8 Does the applicant wish to apply for a Tax File Number?* Yes
Business Information
9 What type of organisation is the applicant?* Discretionary trust - investment
10 Is the applicant an Australian resident for tax purposes? Yes
11 Is the applicant a type of organisation that fits within an income tax exempt category? No
12 Is the applicant a not-for-profit organisation? No
13 Is the Discretionary Investment Trust owned or controlled by Commonwealth, State, Territory or Local Government? No
14 Does the Discretionary Investment Trust operate an agricultural property?* No
15 What is the Discretionary Investment Trust's email address for service of notices and correspondence? Authorized person email address
16 Does the Discretionary Investment Trust have more than one business location in Australia? No
Reason for application
17 Why is the Discretionary Investment Trust applying for an ABN?* New Business in Australia
18 Is this the Discretionary Investment Trust's first time in business in Australia?* Yes


We provide stamping of your discretionary trust documents, including payment of duty to the New South Wales or Victoria State Revenue offices.

Our fee for duty stamping is $70 (Incl. GST) plus state government fees which is $750 plus $10 for every duplicate trust deed for NSW (if stamped within 3 months of the date of execution) and $200 for Victoria (if stamped within 30 days). No duplicates are available for VIC as digital certificates is issued.

Our single online form allows you to order stamping services (for NSW and VIC jurisdictions) at the time of setting up the trust deed. If you have ordered stamping for NSW, you can either email us the executed Trust Deed on or send it via post to: PO Box 7963 Baulkham Hills NSW 2153 along with paid return envelope with your address. You pay additional $15 in case we have to courier the stamped deed back to you. For Victoria you can email us the executed Trust Deed copy on

Please note that if deeds are not stamped with a certain time period from the date of execution (Within 3 months of the date of execution for NSW and within 30 days of the date of execution for VIC), an additional Duties interest will be payable to Office of State Revenue.

It is very important that deed must be correctly executed for us to process the duty. It should be dated, signed by all the parties including witnesses wherever required on the deed. If you’re not clear on the process, please feel free to call us for the guidance.

If your trust deed was set up in NSW we can process the stamping within 2-3 business days and have your stamped deed sent back to you via express post. If your trust was set up in Victoria however, the Victorian SRO takes 3-5 business days to issue the certificate once assessment is done.


I have been using Trust Deed dot Com for quite some time now and find their service second to none. Their order forms are easy to navigate with hints & tips along the way. Their post order review of (particularly) Trust Deeds is a valuable and very much appreciated free service!

Joan Drew
Joan L Drew & Associates (Public Accountants / Registered Tax Agents)

As a accountant, we rely on the strength of a professional firm to keep us up to date with the latest changes and all other relevant matters. You & your team at provide us with prompt, efficient services.

Dickson Hong
Registered Tax Agent
Registered ASIC Agent


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