Business Names Registration Act 2011

PART 3 - REGISTERING A BUSINESS NAME  

SECTION 23   APPLICATION TO REGISTER A BUSINESS NAME  

23(1)    

An entity that intends to carry on a business under a name may lodge with ASIC an application for the name to be registered to the entity as a business name.

Note:

Under section 18 , it is an offence to carry on a business under an unregistered business name.

23(2)    

The application must:

(a)    include:

(i) details sufficient to identify the entity; and

(ii) the entity ' s ABN or, if an application for an ABN is pending, a statement to that effect and the reference number for the ABN application; and

(iii) the address of the entity ' s principal place of business in Australia; and

(iv) an address in Australia for service of documents; and

(v) the business name to which the application relates; and

(b)    specify the period for which registration is sought; and

(c)    specify whether the entity is disqualified.

23(3)    

The application:

(a)    must be in the prescribed form; and

(b)    must be lodged in the prescribed manner.

23(4)    
The applicant must pay the registration fee.

23(5)    

If an application for registration of a business name is lodged with ASIC by post, it is taken to have been lodged with ASIC immediately after the end of the period of 5 business days beginning on the day on which it is received by ASIC.

23(6)    

The prescribed form for an application for registration of a business name must require the applicant to provide details of a person ' s date and place of birth if it is necessary for or directly related to the purposes of:

(a)    identifying the entity to whom the business name is to be registered; or

(b)    determining whether the entity is disqualified.