Proving that your company or business exists in Australia
We are often asked by Australian businesses to help them with their overseas operations, especially when it comes to the paperwork that needs to be notarised, authenticated and legalised, 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 (ie, Australian Business Number) registration.
- Verifying banking or financial information.
While the request from overseas may not always be entirely clear, most of our clients will bring a copy of their ‘original’ certificates or other information that they obtained when they registered their company or business, or whatever their accountant may have given to them. Irrespective of those certificate or documents, our role as a notary public is generally to provide some form of verification so that whoever needs to rely on the information presented to them can have confidence that is has been checked and verified.
For example, these days 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 correct. So on what basis can any other party, especially in a foreign company, accept that the company is real and actually exists in Australia?
To assist our clients with this situation we conduct a company search and obtain a company extract (generally current and historical extract) to show the public information provided by the Australian Securities & Investments Commission (ASIC). As the company regulator in Australia, ASIC confirms the details of the company so that it is possible to verify not only that the company was registered on a specific date, but also the company’s status at the time of the company search. Presuming that the information shown on any certificate provided to us by our clients is consistent with the information held by ASIC and appearing on the company extract, we would issue a notary certificate attached to the company extract and the relevant company certificate verifying the information appearing on all of those company documents.
The process after notarisation and attaching our notary certificate to the company documents depends largely on the country in which the information or the documents need to be used. Different countries follow different procedures in terms of whether the documents are authenticated and legalised by the relevant foreign office of the intended destination country, or the documents are stamped with an apostille.
If at any stage you are not sure of what you need or what you should do with your company documents, or whether you need authentication, legalisation or an apostille, then you should read through some of the other articles appearing on this website or you could give our office a call.
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Why choose Phang Legal for your public notary services?
We are a leading provider of public notary services in Sydney known for our low-cost fixed fee notary services, our availability to provide public notary services on short notice, and our focus on personal and timely public notary services. With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, our public notary assists clients from across all suburbs of Sydney and beyond.
This website is maintained by Phang Legal, an incorporated legal practice in Parramatta and a leading provider of public notary services to clients across Sydney. Extensive experience and low-cost fixed prices ensures quality services and satisfied clients.
Ern Phang is the solicitor director of Phang Legal and a public notary. Ern regularly writes about his experiences as a public notary and the kinds of issues faced by his clients in sending documents overseas.
All information contained in this article is for general purposes only and correct as at the time of publication. You should only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.
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