Corporations Act 2001

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES  

PART 5B.3 - NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES  

SECTION 601DC   WHEN A NAME IS AVAILABLE  

601DC(1)   Name is available unless identical or unacceptable.  

A name is available to a registrable Australian body or a foreign company unless the name is:


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


(b) identical (under rules set out in the regulations) to a name that is held or registered on the 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.

601DC(2)   Minister may consent to a name being available.  

The Minister may consent in writing to a name being available to a registrable Australian body or foreign company even if the name is:


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


(b) unacceptable for registration under the regulations.

601DC(3)  
The Minister ' s consent may be given subject to conditions.

Note: If the body or company breaches a condition, ASIC may direct it to change its name under section 601DJ.

601DC(4)  
The regulations may specify that a particular unacceptable name is available to a registrable Australian body or foreign company if:


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


(b) the body or company is otherwise permitted to use or assume the name by or under a specified provision of an Act of the Commonwealth, a State or an internal Territory.

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

Note: If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ.


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