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9. How to form a company with already registered business name?

A company can be registered with a name that is identical to already registered business name provided –

1. If the business name holder is a company and that company is member in the proposed company.

2. If the business name holder is an Individual and that Individual is a Director / Member of the proposed Company.

3. If the business name holder is partnership firm or Joint Venture and all the partners are Directors / Members of the proposed company.

4. If the business name holder is a Trust and each of the Trustees are Directors / Members of the proposed company and copy of trust deed is provided to ASIC.

How does ASIC process such Company registration application?


If an application for registration of Company is made with the name of already registered business name, ASIC would manually review the application to check whether the business name holder and the proposed company have connection or not. If they are satisfied that the owners of business name and company are same, they would approve the application. If ASIC are not satisfied with the ownership of the name, they would reject the application.

How to inform ASIC whether the company name is identical to Business Name?

While filing the company registration application you must inform ASIC whether the proposed name is identical to already registered business name or not.

If the proposed name is identical to already registered business name, you will be required to provide–

1. the ABN, if business name was registered after 28 May 2012 OR

2. the state or territory of registration and the registered Business Number, if the business name was registered before 28 May 2012


Problems pertaining to registered Business Name before May 2012

Before 28 May 2012, it was possible under previous state or territory law, for identical business names to be registered in each state or territory and be owned by other companies or individuals who had no connection with the company. This led to identical business names held by different bodies and individuals on the national business names register. In such scenarios, the Company could not use their business name until one or more of the identical business names were cancelled. Therefore, the name would not be available to the company as its new name, even if it was previously registered the business name in a state or territory.
 


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