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 39 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 187, 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 that is an individual; and (b) the individual dies; and (c) one of the following is granted to a person (the legal personal representative ):
(i) probate of the will of the deceased;
(ii) letters of administration of the estate of the deceased;
(iii) any other similar grant;
the legal personal representative must lodge with ASIC notice of the grant within 28 days after the grant is made.
[ CCH Note: S 39(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 188, by substituting " notify the Registrar " for " lodge with ASIC notice " , 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) .]
39(2)
The notice: (a) must be in the prescribed form; and (b) must be lodged in the prescribed manner.
[ CCH Note: S 39(2) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 189, 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 39(2) will read:
]
39(2)
The notification must meet any requirements of the data standards.
39(3)
If ASIC receives notice under this section: (a) ASIC must (if it has not already done so) register the Business Name to the estate of the deceased; and (b) enter the details of the legal personal representative on the Business Names Register.
[ CCH Note: S 39(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 190 - 193, by substituting " the Registrar is notified " for " ASIC receives notice " , substituting " the Registrar " for " ASIC " in para (a), " business name " for " Business Name " in para (a) and substituting para (b), 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 (b) will read:
]
(b) record the legal personal representative ' s details.
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