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Holding Companies & What You Need to Know to Protect Your Business Assets

10/05/2023 by
The Marketing Team
A holding company is a type of business entity that exists primarily to own and manage other companies. In Australia, holding companies are commonly used for a variety of purposes, including asset protection, tax planning, and managing multiple businesses under a single umbrella. In this Business Kitz blog post, we'll explore what a holding company […]

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A holding company is a type of business entity that exists primarily to own and manage other companies. In Australia, holding companies are commonly used for a variety of purposes, including asset protection, tax planning, and managing multiple businesses under a single umbrella.

In this Business Kitz blog post, we'll explore what a holding company is, how it works, and the advantages of using a holding company structure in Australia.

What is a holding company?

A holding company is a company that owns a controlling interest in one or more other companies, typically referred to as subsidiary companies. The holding company's primary function is to hold the assets of its subsidiaries and to manage their operations.

Holding companies are distinct from operating companies, which are businesses that produce goods or deliver services directly to customers. Holding companies do not engage in the production of goods or services themselves but instead own shares in other companies that do.

Holding companies can be structured in various ways, including as private companies, public companies, or trusts. The choice of structure will depend on the goals of the holding company and the preferences of its owners.

How does a holding company work?

Holding companies work by owning and managing subsidiaries. The holding company typically holds a majority of the shares in its subsidiaries, which gives it the power to control their operations and make strategic decisions.

The subsidiaries are separate legal entities from the holding company, which means that they have their own assets, liabilities, and legal obligations. The holding company is not responsible for the debts or liabilities of its subsidiaries, although it may be liable if it guarantees their obligations.

What are the advantages of a holding company in Australia?

There are several advantages to using a holding company structure in Australia, including:

  1. Asset protection - Holding companies can be used to protect the assets of a group of companies from legal claims, creditors, and other risks. By separating the assets of each subsidiary into a separate legal entity, the holding company can limit its liability and protect its assets from being seized to satisfy the debts of its subsidiaries.
  2. Tax planning - Holding companies can be used to manage tax liabilities by consolidating tax losses and taking advantage of tax concessions. By grouping multiple companies under a single holding company, the group can consolidate its losses and offset them against profits from other subsidiaries. Additionally, holding companies can take advantage of tax concessions, such as the small business CGT concessions, which can reduce the tax liability on the sale of a subsidiary.
  3. Simplified management - Holding companies can simplify management by consolidating administrative functions and reducing duplication. By managing multiple businesses under a single holding company, the group can share resources, reduce overheads, and streamline operations.
  4. Access to capital - Holding companies can access capital more easily than individual companies. By issuing shares in the holding company, the group can raise capital to fund expansion, acquisitions, or other investments.

How to set up a holding company in Australia:

Setting up a holding company in Australia involves the following steps:

  1. Choose a name: The first step in setting up a holding company is to choose a name for the company. The name must be unique and not already registered by another company in Australia. The name must also comply with the Australian Securities and Investments Commission (ASIC) guidelines.
  2. Register the company: Once the name has been chosen, the next step is to register the company with ASIC. This involves submitting an application form and paying a registration fee. The application must include details such as the company's name, address, and directors.
  3. Obtain an Australian Business Number (ABN): After registering the company, the next step is to obtain an ABN. An ABN is a unique 11-digit identifier that is used to identify the company to the government and other entities.
  4. Open a bank account: The next step is to open a bank account in the name of the holding company. This account will be used to manage the company's finances and receive dividends from subsidiary companies.
  5. Acquire shares in subsidiary companies: The final step is to acquire shares in subsidiary companies. This can be done by purchasing shares on the stock exchange or by entering into agreements with the owners of the subsidiary companies.

Concluding thoughts...

A holding company can provide a number of advantages for businesses in Australia, including asset protection, tax benefits, and simplified management. Setting up a holding company involves choosing a name, registering the company, obtaining an ABN, opening a bank account, and acquiring shares in subsidiary companies. If you are considering setting up a holding company, it is important to seek professional advice to ensure that you comply with all legal requirements and make informed decisions.

Legal Advice:

Check out our Business Kitz Subscription Service today to access our full range of legal, commercial and employment documents to begin your business with a solid foundation that ensures compliance. If you are unsure about how to best protect yourself and your future business, our sister company, Legal Kitz can assist you. Click here to request a FREE consultation with one of our highly experienced solicitors today or contact us at info@legalkitz.com.au or by calling 1300 988 954. 

About
The Marketing Team
Business Kitz Marketing team are experts in their field. You can expect the best business guides and updates on employment law here.

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