Corporations Act 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.6 - NAMES  

Division 1 - Selecting and using a name  

SECTION 147   WHEN A NAME IS AVAILABLE   Name is available unless identical or unacceptable

147(1)  
A name is available to a 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.

Minister may consent to a name being available to a company

147(2)  
The Minister may consent in writing to a name being available to a 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.

147(3)  
The Minister ' s consent may be given subject to conditions.

Note: If the company breaches a condition, ASIC may direct it to change its name under section 158 .

147(4)  
The regulations may specify that a particular unacceptable name is available to a 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 company using or assuming the name; or


(b) the company is otherwise permitted to use or assume the name by or under:


(i) an Act of the Commonwealth, a State or an internal Territory; or

(ii) 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Note: If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158 .

147(5)  
(Repealed by No 127 of 2011, s 3, Sch 2, Pt 1 [ 17] (effective 20 April 2012).)


 

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