Certificate of Good Standing

There are various kinds of certificates that can prove your business is registered and and of good standing. One of the most popular of them for overseas use is a certificate of good standing.

A Certificate of Good Standing issued by a notary public is a document that proves a business is legally registered and;

  • has the legal capacity and powers of an individual both inside and outside Australia;
  • has all statutory powers conferred by law on bodies corporate;
  • is authorised to do anything that it is authorised to do by law:
    • A. in Australia; and
    • B. in any country of the world

The certificate which is notarised by the notary public using their official notary seal annexes a copy of the constitution of the company and other documents such as an up to date ASIC extract of the company and the certificate of registration of the company. An impression of a notary’s official seal for the purposes of identification is impressed on all pages of the documents annexed to the certificate of good standing.

The Certificate of Good Standing also certifies the names and addresses of the directors and secretary of the Australian company.

Book an appointment with Peter to get a Certificate of Good Standing for your business.

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a Certificate being stamped by a notary public

Who can request a Certificate of Good Standing?

The requests we receive are usually made by the directors of an Australian company who wish to do business or invest overseas. Generally, the certificate may be required by a foreign bank or other lender, a foreign government department, or investors.

When do you need a Certificate of Good Standing?

A certificate of good standing may be required if the directors of a company wish to do business or invest overseas. These certificates are issued by a notary public and are used to confirm that a company is in good standing and has no legal issues outstanding. The notary public is responsible for ensuring the accuracy of information included in certificates of good standing, although it is the responsibility of the company directors to confirm the correctness of the certificate of good standing.

Here are the common scenarios where such a certificate may be requested:

However, in most cases, businesses request a Certificate of Good Standing for foreign legal or financial transactions.

What does a certificate of good standing include?

A certificate of good standing is evidence that your company has been properly registered in Australia and has been in continuous existence since its registration. It includes evidence that your company is:

The certificate will also include:

How to get a certificate of good standing

Because companies no longer register their constitutions with the Australian Securities and Investments Commission (ASIC), a true up to date copy of the company’s constitution must be produced to the notary public before they can complete the certificate of good standing of an Australian company.

The notary will usually ask the secretary of the company to sign a declaration which annexes a copy of the company’s constitution.

What is a company constitution?

A company constitution is a key document for any Australian business. It acts as the foundation for how a company is managed internally. This document is more than just a formality; it's a guide that outlines how your company operates and how it's managed. It plays a vital role in defining how company directors and shareholders interact, helping keep things clear and organised.

In drafting a company constitution, there are several important areas typically covered to ensure a well-rounded governance structure:

A well-prepared company constitution isn't just about meeting legal requirements; it's a practical tool for smooth business operations, offering a clear framework for making decisions and resolving conflicts. Consulting with legal experts or notary services is always recommended when creating or updating your company's constitution to ensure it meets current Australian corporate law standards and suits your business needs.

How Brisbane Notary can help

The team at Brisbane Notary has decades of combined experience creating and notarizing certificates of good standing for Australian companies. Contact us today for assistance.

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