Corporations Act 2001
CHAPTER 2B
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BASIC FEATURES OF A COMPANY
PART 2B.6
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NAMES
Division 1
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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.
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.
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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