What if the proposed company name is identical to a registered business name?
If your proposed company name is identical to a registered business name(s), ASIC must be satisfied that the proposed company is entitled to the use of the name under s147. The online order form will ask you to provide the ABN of the business name holder (or the BN in older registrations), which we then provide to ASIC.
It is important to note that the business name holder must be involved in the new company registration according to the following ASIC rules:
|Where the business name holder is..||The name is only available to the proposed company if...|
|An individual||That individual is a proposed company director or member|
|A company||That same company is a proposed member|
|A partnership or joint venture||Each of the partners is a proposed company director or member|
|A trust||Each of the trustee is a proposed company director or member, and you have provided ASIC with a copy of trust deed|
Where the business is owned by a trust for which the directors/shareholders are trustee, please email a signed copy of the trust deed to firstname.lastname@example.org when submitting your online order so that we may provide to ASIC.