An Australian director for US companies.
For US groups, many of them in technology, establishing or running an Australian subsidiary.
US companies set up in Australia for many reasons: a sales or customer support team for the region, engineering talent, or a base for Asia-Pacific. Whatever the reason, an Australian proprietary company must have at least one director who ordinarily resides in Australia (s 201A Corporations Act 2001). For most US groups, that means appointing someone from outside the group.
What US groups usually ask us
- How the Australian board fits with the US parent's approvals and delegations
- Director IDs for US-based directors, and how to plan the timing of the set-up
- Whether the Australian company needs to lodge financial reports with ASIC, which depends on its size and the relief available to foreign-controlled companies
- Reviewing and signing board resolutions promptly, so decisions are not held up by the time difference
- What stays with the US team and local advisers, such as payroll, tax and day-to-day management
Working across US time zones
Sydney is many hours ahead of the US, so we schedule calls in your late afternoon or our early morning, and turn board papers around quickly. Most of our work with US groups is done by email and video call.
How we help
We act as a director of your Australian company, with the same legal duties as any other director. We review and sign board documents, keep oversight of Australian governance and compliance, and are your local point of contact, whether you are setting up in Australia or replacing a local director. See what the role involves and how an appointment works. For company set-up, Reservoir Legal's guide to setting up in Australia covers the steps.