Business Names Registration Act 2011
[ CCH Note: S 33 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 145, by substituting " THE REGISTRAR " for " ASIC " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
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.
[ CCH Note: S 33(1) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 146, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . S 33(1) will read:
]
33(1)
The Registrar registers a business name to an entity by making a record of such information as is required by the data standards.
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) .
[ CCH Note: S 33(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 147, by substituting " the Registrar " for " ASIC " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
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 .
[ CCH Note: S 33(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 148 and 149, by substituting " The Registrar may " for " ASIC may " and para (a) and (ab) for para (a), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . Para (a) and (ab) will read:
]
(a) the entity requests the Registrar to do so; and
(ab) the request meets any requirements of the data standards; and
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.
[ CCH Note: S 33(4) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 150 and 151, by substituting " The Registrar may " for " ASIC may " and para (a) and (ab) for para (a), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . Para (a) and (ab) will read:
]
(a) the entity requests the Registrar to do so; and
(ab) the request meets any requirements of the data standards; and
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.
[ CCH Note: S 33(7) will be repealed by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 152, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
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.
[ CCH Note: S 33(8) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 153 and 154, by substituting " The Registrar must notify the entity " for " ASIC must give the entity notice in writing " and para (c), effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . Para (c) will read:
]
(c) any other details, held by the Registrar in relation to the business name and the entity, that the Registrar considers should be given to the entity.
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