Business Name Application

N.B search & preparation cost is payable even if application does not proceed

Warning/Declaration

Registering a business name does not give the holder exclusive name rights. The holder may be subject to legal action for using a business name that has the potential to mislead the public. The holder may be inadvertently infringing someone else’s trade mark with the proposed business name. Choosing a business name that infringes an existing trade mark can be a costly exercise—it could mean hefty legal bills, drawn out disputes and even the closure of the business. That is why it’s so important to undertake a trade mark (TM) check. Visit IP Australia to search trademarks.

A holder that is part of a franchise needs consent from the franchise owner to use the business name. Visit the Franchise Council of Australia for more information about franchises.

The holder should check for any state or territory business licences that may be required. Get tailored information about government-related licences, registrations and permits at the Australian Business Licence and Information Service (ABLIS).

The holder may want to register a domain name in addition to the business name. For more information and to search for available domain names before applying for a business name see the Australian Domain Name Administrator (AUDA).

The applicant must declare that the following statements are true for the applicant and for each person involved in the management of the applicant entity to determine eligibility to register a business name, including:

• if the applicant is a body corporate – each director and secretary (or their equivalents) of the body corporate;

• if the applicant is a partnership – each partner of the partnership;

• if the applicant is an unincorporated association or other body, each member of the committee of management of the unincorporated association or body;

• if the applicant is a trust – each trustee of the trust;

• if the applicant is a joint venture – each joint venture partner.

• I am not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001

Within the last 5 years I have not been:

• convicted of, or

• released from prison after being convicted of, and serving a term of imprisonment for, any of the criminal offences referred to in section 32(1)(c) or (d) of the Business Names Registration Act 2011

* This application is submitted under, and is compliant with, the terms and conditions of the ASIC Electronic Lodgement Protocol.

* To the best of my knowledge, the information supplied in this application is complete and accurate (it is an offence to provide false or misleading information to ASIC).

I declare that:

* I am lodging this application on behalf of the applicant (the proposed business name holder) and am authorised to: submit this application for lodgement on behalf of the applicant under the terms and conditions of the ASIC Electronic Lodgement Protocol; and make each of the above declarations on behalf of the applicant after making all due and proper enquiries. I also authorise SHELF COMPANY SERVICES AUSTRALIA PTY LTD to lodge this form and to act on my/our behalf.

Other i.e. Trust