Proving that your company or business exists in Australia
Australian businesses operating overseas often need help in proving that their company or business exists in Australia. This is especially true when it comes to paperwork that needs to be notarised, authenticated and legalized, or stamped with an apostille.
Some of the common requests include:
• Verifying company information such as company directors, shareholders, share structures, and relevant addresses.
• Verifying tax registration i.e. Australian Business Number.
• Verifying banking or financial information.
The certificate of registration or incorporation of a company is now issued electronically at the time the company is formed. There is no security feature on the document, especially once it is printed, to prove that the certificate is genuine or that the information contained on that certificate is true and certified.
A copy of the original certificates or other information that was obtained when the company or business was registered or the documents your accountant has given you should be brought to the notary public. The request form overseas may not always be clear. The role of the notary public is to provide some form of verification so that the information presented to whomever needs it will have the confidence that it has been checked and verified.
So the question arises from an overseas company or any other party, how can they know that the company truly exists in Australia?
The way this can be verified is a company search can be done and a company extract can be obtained. The extract is generally current and historical. This shows the public information provided by the Australian Securities & Investments Commission (ASIC), who is the company regulator in Australia. The ASIC confirms the details of the company so that it is possible to verify not only the company was registered on a specific date, but the company’s status at the time of the company search. If the information shown on the certificate is consistent with the information held by ASIC and appears on the company extract, a notary certificate is issued and attached to the company extract and a relevant company certificate verifying the information appearing on all of those company documents.
The process after notarization and attaching the notary certificate to the company documents largely depends on the country in which the information or the documents need to be used. Depending on the country, different procedures are in place in terms of whether the documents are authenticated and legalized by the relevant foreign office of the intended destination country, or the documents are stamped with an apostille.
If you are not sure what needs to be done with the company documents, including if you need authentication, legalization, or an apostille, you should do more research or contact me.
If you would like to book an appointment in my Melbourne CBD Office or Box Hill South Office, please click the button below to go to my notary bookings page. The following page will outline fees associated with the appointment as well as booking information.