AG Resident Directorship FAQ

Straight answers to the questions founders ask first.

Liability, timing, cost, and what a resident director actually does. If your question is not here, the onboarding form has space to ask it, and a person will answer within one business day.

The requirement

Does my Australian company really need a resident director?

Yes, if it is a company registered under the Corporations Act. Section 201A requires a proprietary company to have at least one director who ordinarily resides in Australia, and a public company to have at least three directors, two of whom ordinarily reside in Australia. ASIC will not register a company that does not meet the rule, and an existing company that falls below it is in breach until it appoints someone.

What does "ordinarily resides in Australia" mean?

The Act does not define it, but in practice it means Australia is where the person genuinely lives, not just where they hold a visa or visit. Citizenship is not required. Your director lives in Australia and confirms it in writing.

We are registering a branch of our overseas company, not a subsidiary. Do we need this?

No. A foreign company registered as a branch under Part 5B.2 needs a local agent, not a resident director. If you are choosing between a branch and a subsidiary, speak to your adviser; we serve subsidiaries, which is the more common structure for trading in Australia.

Your director and their role

Will the director interfere in how we run the business?

No. Your team runs the business. Your director attends to the decisions the law makes theirs: statutory resolutions, the annual solvency resolution, and any situation where the company's solvency or compliance is genuinely at risk. The director deed spells out exactly what they need to see and when.

What will your director not sign?

Anything they have not been given the information to review. That includes solvency resolutions without current financial information, contracts outside the scope agreed in the deed, and documents that would put the company in breach of Australian law. This is what makes the appointment robust rather than decorative.

Is the director personally liable for our company?

Directors carry personal duties and can be personally liable, for example for insolvent trading or under the Director Penalty Notice regime for unpaid PAYG withholding, GST and superannuation guarantee. That is why every appointment starts with a deed of access and indemnity and confirmed D&O cover, and why our compliance packages add daily automated public-record checks from launch: problems stay small and early, which protects the director and your company together.

Do directors need a Director ID?

Yes. Every director must hold a Director ID before they are appointed. Your director already holds a Director ID, which we sight and record, so this never delays your appointment.

Timing, price and leaving

How quickly can a director be appointed?

Within five business days of completed identity checks, your director signs their consent, is appointed and the ASIC notification is lodged, well inside the 28-day legal limit. If we miss that, we credit 1/12 of your annual fee. The promise applies once KYC is complete, the company has its ACN and any Director ID steps are done; delays caused by ASIC or missing information do not count. Need it faster? Express appointment within two business days is available as an add-on.

What does it cost?

Packages start at A$3,400 a year and are fixed for the first 12 months. Every price is published on our pricing page. All prices are in Australian dollars, per year, ex GST. ASIC government fees are passed through at cost.

How is the director insured?

Before appointment your company gives the director a deed of access, indemnity and insurance, and we confirm D&O cover is in place: either your company's policy or ours, as agreed in the engagement. It is re-checked at every renewal.

Do we keep control of our company?

Yes. Your director acts within a written engagement and decision protocol. Ownership, banking and commercial decisions stay with you. Anything outside the agreed scope is escalated and discussed, not signed blind.

How do we leave?

There is no lock-in beyond your annual term. Leave at renewal with an orderly handover: nominate a replacement resident director in the portal, we give notice, help you appoint them, lodge the change and deliver your records. Where solvency or governance requires it, our director may resign before a replacement is found, with the notice set out in the director deed.

Communication and data

Will you send us marketing emails or call us?

No. We only send messages you have asked for or that your engagement needs: replies to your enquiries and uploads, invoices by email if you chose that, and the compliance reminders you switched on at onboarding. Anything else, including a notice about a risk to your company, is personally approved by our CEO first. Marketing is opt-in only, and we never run sales sequences.

What happens to the information in the onboarding form?

While you fill it in, your answers stay on your device. Once you submit, we use them to prepare your quote and identity checklist, keep it secure as Australian privacy law requires, and never sell or share it for marketing.

Ready when you are

Still deciding?

Start the onboarding form: the first question tells you straight away whether this service fits your structure, and nothing is sent until you submit.