Business Names Registration Act 2011

PART 3 - REGISTERING A BUSINESS NAME  

SECTION 33   STEPS TAKEN BY ASIC TO REGISTER A BUSINESS NAME TO AN ENTITY  

33(1)  


ASIC registers a business name to an entity by entering in the Business Names Register:

(a)  details sufficient to identify the entity, including the entity ' s ABN; and

(b)  the business name; and

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

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

(e)  the period for which the business name is registered to the entity, including the time at which, and the day on which, the period starts.

33(2)  


The registration period for which the business name is registered to the entity must be a period of either 1 year or 3 years, unless an alternative registration period is determined by ASIC under subsection (3) or (4) .

33(3)  


ASIC may determine an alternative registration period for the registration of a business name to an entity if:

(a)  

the entity lodges a request with ASIC, in the prescribed form and manner, to have an alternative registration period determined; and

(b)  the entity is a company; and

(c)  the alternative registration period would align the day on which the registration period for the registration of the business name to the company would expire with the company ' s review date, as defined for the purposes of the Corporations Act 2001 .

33(4)  


ASIC may determine an alternative registration period for the registration of a business name (the new business name ) to an entity if:

(a)  

the entity lodges a request with ASIC, in the prescribed form and manner, to have an alternative registration period determined; and

(b)  another business name (the other business name ) is registered to the entity; and

(c)  the alternative registration period would align the day on which the registration period for the registration of the new business name to the entity would expire with the day on which the registration period for the registration of the other business name to the entity would expire.

33(5)  
However, an alternative registration period must be:

(a)  if the registration period would otherwise have been 1 year - of no more than 18 months; and

(b)  if the registration period would otherwise have been 3 years - of no more than 3 years and 6 months.

33(6)  
A determination under subsection (3) or (4) must be in writing, but is not a legislative instrument.

33(7)  


The Business Names Register may include any other details prescribed, but no others.

33(8)  


ASIC must give the entity notice in writing of:

(a)  the fact that the business name has been registered to the entity; and

(b)  the day and time on which the registration took effect; and

(c)  

the other details entered in relation to the business name and the entity in the Business Names Register.



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