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ARTICLE · 10 SEPTEMBER 2020

E-Alert: Registered office for a client? – More than just a mailbox

By agreeing to act as a company's registered office, accountants and lawyers assume a contractual duty to the company.

AustraliaCorporate/Commercial Law

Accountants and lawyers rarely think twice about agreeing to act as the registered office for clients – perhaps they should!

The Corporations Act provides that a company must have a registered office in Australia, a place where official documents, communications or notices to the company may be sent or left by way of service. If a company does not occupy the registered office then the company must have the actual occupier's written consent to the company's use of those premises as its registered office.

It is not uncommon for accountants and lawyers to consent to the company's registered office being located at their offices.

Whilst the directors of the company are primarily responsible for all matters relating to the registered office, what responsibilities do the accountants and lawyers have if they agree to the use of their premises as the company's registered office?

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