Corporations Act 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.6 - NAMES  

Division 1 - Selecting and using a name  

SECTION 148   A COMPANY ' S NAME   Company may use available name or ACN

148(1)  
A company may have as its name:


(a) an available name; or


(b) the expression " Australian Company Number " followed by the company ' s ACN.

The name must also include the words required by subsection (2) or (3).

Limited companies

148(2)  
A limited public company must have the word " Limited " at the end of its name unless section 150 or 151 applies. A limited proprietary company must have the words " Proprietary Limited " at the end of its name. Unlimited proprietary companies

148(3)  
An unlimited proprietary company must have the word " Proprietary " at the end of its name. No liability companies

148(4)  
A no liability company must have the words " No Liability " at the end of its name. Public companies with " Proprietary " included in their name

148(5)  
A public company must not include the word " Proprietary " (or an abbreviation of it) in its name unless:


(a) it was a public company before 1 July 1998; and


(b) the word " Proprietary " (or an abbreviation of it) was included in its name before 1 July 1998.

148(6)  


An offence based on subsection (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .


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