Business Names Registration Act 2011
[ CCH Note: Pt 4 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 170, 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) .]
[ CCH Note: S 38 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 184, 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) .]
If: (a) a business name is registered to an entity; and (b) a person is appointed or authorised to act as a debtor representative of the entity;
the person must lodge with ASIC notice of that fact in accordance with subsection (2) .
[ CCH Note: S 38(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 185, by substituting " , within 28 days of the appointment or authorisation, notify the Registrar of that fact " for " lodge with ASIC notice of that fact in accordance with subsection (2) " , 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) .]
38(2)
The notice: (a) must be given to ASIC within 28 days after the appointment or authorisation; and (b) must identify who (if anyone) will carry on a business under the business name while the person is appointed or authorised; and (c) must be in the prescribed form; and (d) must be lodged in the prescribed manner.
[ CCH Note: S 38(2) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 186, 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 38(2) will read:
]
38(2)
The notification must meet any requirements of the data standards.
38(3)
In this section:
(a) a trustee in bankruptcy; or
(b) a liquidator within the meaning given by subsection 6(1) of the Income Tax Assessment Act 1936 ; or
(c) a receiver; or
(d) a controller (within the meaning of section 9 of the Corporations Act 2001 ); or
(e) an administrator appointed to an entity under Division 2 of Part 5.3A of the Corporations Act 2001 ; or
(f) a person appointed, or authorised, under a law of the Commonwealth, or of a State or Territory, to manage the affairs of an entity because it is unable to pay all its debts as and when they become due and payable; or
(g) an administrator of a deed of company arrangement executed by the entity; or
(h) a foreign representative in respect of a foreign proceeding that has been recognised for the purposes of the Cross-Border Insolvency Act 2008 .
(a) in relation to a bankruptcy - the trustee of the estate of the bankrupt; or
(b) in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966 - the trustee of the composition or scheme of arrangement; or
(c) in relation to a debtor whose property is subject to control under Division 2 of Part X of the Bankruptcy Act 1966 - the controlling trustee in relation to the debtor under that Part of that Act; or
(d) in relation to a personal insolvency agreement under Part X of the Bankruptcy Act 1966 - the trustee of the agreement; or
(e) in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966 - the trustee of the estate.
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