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My client spends a lot of time overseas - will they be a resident of Australia?

Unfortunately, we cannot provide advice on whether any particular individual is or is not a resident of Australia for Corporations law purposes.

However, we can tell you that S.201A of the Corporations Act 2001 provides as follows:

"Minimum number of directors

Proprietary companies

  1. A proprietary company must have at least 1 director. That director must ordinarily reside in Australia.

The definition does not appear to have any relation to the tax definition of a "resident" - the question is simply one of whether the person is "ordinarily resident" in Australia - this will be a question of fact.