THE CORPORATIONS LAW

CHAPTER 2B - BASIC FEATURES OF A COMPANY

PART 2B.6 - NAMES

Division 1 - Selecting and using a name

SECTION 147   WHEN A NAME IS AVAILABLE  

147(1)  Name is available unless identical or unacceptable.  

A name is available to a company unless the name is:

(a)  identical (under rules set out in the regulations) to a name that is reserved or registered under this Law for another body; or

(b)  identical (under rules set out in the regulations) to a name that is included on the national business names register in respect of another individual or body who is not the person applying to have the name; or

(c)  unacceptable for registration under the regulations.

147(2)  Minister may consent to a name being available to a company.  

The Minister may consent in writing to a name being available to a company even if the name is:

(a)  identical to a name that is reserved or registered under this Law for another body; or

(b)  unacceptable for registration under the regulations.

147(3)  (Conditions)  

The Minister's consent may be given subject to conditions.

Note:

If the company breaches a condition, ASIC may direct it to change its name under section 158.

147(4)  (Unacceptable name available)  

The regulations may specify that a particular unacceptable name is available to a company if:

(a)  a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or the Capital Territory has consented to the company using or assuming the name; or

(b)  the company is otherwise permitted to use or assume the name by or under:

(i) an Act of the Commonwealth, a State or the Capital Territory; or

(ii) a specified provision of an Act of the Commonwealth, a State or the Capital Territory.

The consent of the authority, instrumentality or agency may be given subject to conditions.

Note:

If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.