Marcia is an entrepreneurial 17-year old with a busy window cleaning business. She is studying for a commerce degree. She wants to incorporate her business. She wants to become an employee of the business so that she can be covered by workers' compensation and superannuation. She completes the registration documents for a proprietary company. She uses her own name as the sole director/shareholder but falsifies her date of birth (showing she is 19 years old).
ASIC subsequently registers the company having no knowledge of the fraud.
A) If the fraud were discovered what could ASIC do about the company?
Now assume a slightly different scenario. Marcia does not register her company until she is over 18. She wants to call the company "Marcia's Guaranteed Sparkle Pty Ltd".
B) Will Marcia be able to register the company with this name? If so, how can she ensure that no one else uses it before her company is registered?
C) Is Marcia required to have a registered office? If so, can she use her parents' home address and, does the office have to be open to the public?
D) Does she have to display the company name and/or ACN/ABN
- on her accounts?
- outside her parents' house?