How do I register a business name in Australia?

In Plain English

To register a business name in Australia, you need to apply to the Australian Securities and Investments Commission (ASIC). You'll need to provide details about your business, including its name, your ABN (Australian Business Number), and your principal place of business. ASIC will check if the name is available and if you're eligible to register it. If everything checks out and you pay the registration fee, ASIC will register the business name.

Detailed Explanation

To register a business name, you must follow the process outlined in Part 3 of the Business Names Registration Act 2011.

1. Application: An entity that intends to carry on a business under a name may lodge an application with ASIC for the name to be registered to the entity as a business name, as per subsection 23(1) of the Business Names Registration Act 2011.
2. Content of Application: According to subsection 23(2) of the Business Names Registration Act 2011, the application must include:
   • Details sufficient to identify the entity.
   • The entity’s ABN or, if an application for an ABN is pending, a statement to that effect and the reference number for the ABN application.
   • The address of the entity’s principal place of business in Australia.
   • An address in Australia for service of documents.
   • The business name to which the application relates.
   • The period for which registration is sought.
   • Specification of whether the entity is disqualified.
3. Form and Manner: The application must be in the prescribed form and lodged in the prescribed manner, as stated in subsection 23(3) of the Business Names Registration Act 2011.
4. Registration Fee: The applicant must pay the registration fee, as required by subsection 23(4) of the Business Names Registration Act 2011. The Business Names Registration (Fees) Act 2011 allows for regulations to prescribe fees for the registration of a business name.
5. ASIC's Decision: ASIC must register the business name to the entity if ASIC is satisfied that:
   • The entity has an ABN.
   • The registration fee has been paid.
   • The name is available to the entity.
   • The entity is not disqualified, as per subsection 24(1) of the Business Names Registration Act 2011.
6. Availability of Name: A business name is available to an entity if:
   • The name is not identical or nearly identical to a business name registered to another entity, or a name that is reserved or registered under the Corporations Act 2001 for another body, as per paragraph 25(a) of the Business Names Registration Act 2011. The Business Names Registration (Availability of Names) Determination 2015 provides further rules for determining whether a business name is identical or nearly identical to another name.
   • The name is not undesirable, as per subsection 27(1) of the Business Names Registration Act 2011. The Business Names Registration (Availability of Names) Determination 2015 sets out the kinds of business names that are undesirable.
   • The name does not contain restricted words or expressions, as per subsection 28(1) of the Business Names Registration Act 2011. The Business Names Registration (Availability of Names) Determination 2015 specifies restricted words and expressions.
7. Business Names Register: ASIC must establish and maintain a Business Names Register, as per section 22 of the Business Names Registration Act 2011. The purpose of this register is to enable those who engage or propose to engage with a business carried on under a business name to identify the entity carrying on the business and how the entity may be contacted, as per subsection 22(2) of the Business Names Registration Act 2011.