Remember, it is details of the 'ultimate holding company' which you must give here.

In the simplest situation the ultimate holding company will simply be the company which you may have previously specified as being the proposed company's sole or dominant/controlling member/shareholder.

In a more complicated situation, the ultimate holding company will not simply be the company which you may have previously specified as being the company's proposed sole or dominant/controlling member/shareholder, because, for example, that company may itself be a subsidiary of another company, with that other company being the ultimate holding company.


Here is some further guidance in case you need to look into your particular situation more deeply -

An 'ultimate holding company' of a company, is a company that is itself a 'holding company' of the company, and is itself not a 'subsidiary' of another company - see section 9 of the Corporations Act 2001.

A company is a 'holding company' of another company, if the other company is a 'subsidiary' of the company - see section 9 of the Corporations Act 2001.

A company is a 'subsidiary' of another company, if (and only if) at least one of the following is the case -
  1. the other company 'controls the composition of the company's board';

  2. the other company is in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the company;

  3. the other company holds more than one-half of the issued share capital of the company (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital);

  4. the company is a subsidiary of a subsidiary of the other company by virtue of (any or all of) (a), (b) or (c) above or any of the provisions of Division 6 of the Corporations Act 2001.
(See sections 9, 46 and 49 of the Corporations Act 2001.)

For when it may be said that the other company 'controls the composition of the company's board', see section 47 of the Corporations Act 2001.

Further, various matters are to be disregarded when determining whether the company is a subsidiary of another company - see section 48 of the Corporations Act 2001.

Moreover, here are links (grouped together) to the provisions of the relevant division (Division 6) of the Corporations Act 2001 in case you need to look into your particular situation even more deeply -

  Division 6 - Subsidiaries and related bodies corporate

    46.      What is a subsidiary
    47.      Control of a body corporate's board
    48.      Matters to be disregarded
    49.      References in this Division to a subsidiary
    50.      Related bodies corporate
    50AA.  Control
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