Real estate agents compliance obligations for a Pty Ltd company
Computed by the Rules Mate applicability engine for a Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M, selling to consumers and small businesses.
Short answer: 55 obligations
55 Commonwealth obligations apply to a Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M (23 critical), plus 11 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
What the structure changes
Compared with a sole trader of the same size in real estate agents, a Pty Ltd company picks up 10 Commonwealth obligations and drops 0.
- Applies: Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Applies: Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Applies: Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN) (Incorporated company (Corporations Act))
- Applies: Lodge the ASIC annual company statement and review fee (Incorporated company (Corporations Act))
- Applies: Determine large proprietary company status annually (Proprietary company)
- Applies: Apply for a Tax File Number for new entities and partnerships (Separate entity (company, trust, partnership or fund))
- Applies: Pay ASIC fees + lodge prescribed forms (Incorporated company (Corporations Act))
- Applies: Discharge of directors' duties — practical evidence (Incorporated company (Corporations Act))
- Applies: Beneficial ownership transparency (Tranche 3 — under consultation) (Unlisted company)
Duties that come with being a Pty Ltd company
- Apply for a Director Identification Number (Director ID): Every director needs a Director ID before appointment — apply via ABRS.
- Comply with directors' general law and statutory duties: Directors owe duties of care and diligence (s 180), good faith (s 181), no improper use of position (s 182) or information (s 183).
- Prevent insolvent trading (s 588G): Directors must prevent the company incurring debts while insolvent — or face personal liability.
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN): Directors personally liable for unpaid company PAYG, GST + SG via DPN regime.
- Lodge the ASIC annual company statement and review fee: Every Australian company has an annual review date — confirm details and pay the fee.
- Determine large proprietary company status annually: Test the three large-prop thresholds at the end of each financial year — failing any two triggers Chapter 2M reporting.
- Pay ASIC fees + lodge prescribed forms: Companies must pay annual fees + lodge prescribed forms within statutory periods (e.g. Form 484 for changes).
- Discharge of directors' duties — practical evidence: Directors must contemporaneously document discharge of duties for defence in s 180-183 cases.
- Beneficial ownership transparency (Tranche 3 — under consultation): Proposed beneficial ownership register for unlisted companies and trusts — consultation through 2024-2025; commencement TBD.
Critical Commonwealth obligations on this profile
- Enrol with AUSTRAC as a reporting entity (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Maintain a written AML/CTF program (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Customer due diligence (KYC) on every customer (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Notifiable Data Breach (NDB) scheme (AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)))
- Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
Check whether these apply
- Trust account audit + ASIC / state regulator submission: only if you hold money in a statutory trust account
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Pay redundancy under NES (s 119 FW Act): only if you have 15 or more employees (FW Act s 121 small business exemption)
- Track eligibility for the electric car FBT exemption: only if you provide electric vehicles to employees
- Comply with AANA Code of Ethics + community guidelines: only if you advertise to consumers or engage influencers
- Enforce + manage post-employment restraints — current state: only if your contracts contain restraint of trade clauses
State and territory law
This page counts Commonwealth obligations only. Payroll tax, workplace safety, licensing and other state duties depend on where the business operates; the industry's state pages list them.
Other structures and industries
- Real estate agents: sole trader
- Real estate agents: trust
- Real estate agents: public company
- Precious metals & stones dealers: pty Ltd company
- Fintech (non-bank): pty Ltd company
- Banks & ADIs: pty Ltd company
- General insurers: pty Ltd company
- Superannuation trustees: pty Ltd company
- Credit licensees & mortgage brokers: pty Ltd company
Check your AML/CTF programUpload the AML/CTF program you already have and get a gap score against the Tranche 2 requirements of the Act and Rules. Personal information is removed before analysis.Primary actionRun the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.
Questions
- What compliance obligations apply to a Pty Ltd company in real estate agents?
- 55 Commonwealth obligations apply to a Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M (23 critical), plus 11 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
- What changes compared with a sole trader of the same size?
- A Pty Ltd company picks up 10 obligations and drops 0, including Apply for a Director Identification Number (Director ID).
Related
- Real estate agents: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Enrol with AUSTRAC as a reporting entity: does it apply to real estate agents?
- Maintain a written AML/CTF program: does it apply to real estate agents?
- Customer due diligence (KYC) on every customer: does it apply to real estate agents?
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC: does it apply to real estate agents?
Sources
- Apply for a Director Identification Number (Director ID)
- Comply with directors' general law and statutory duties
- Prevent insolvent trading (s 588G)
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Lodge the ASIC annual company statement and review fee
- Pay ASIC fees + lodge prescribed forms
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.