Commonwealth Consolidated Acts

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Application to register a business name

  (1)   An entity that intends to carry on a business under a name may lodge with ASIC an application for the name to be registered to the entity as a business name.

Note:   Under section   18, it is an offence to carry on a business under an unregistered business name.

  (2)   The application must:

  (a)   include:

  (i)   details sufficient to identify the entity; and

  (ii)   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; and

  (iii)   the address of the entity's principal place of business in Australia; and

  (iv)   an address in Australia for service of documents; and

  (v)   the business name to which the application relates; and

  (b)   specify the period for which registration is sought; and

  (c)   specify whether the entity is disqualified.

  (3)   The application:

  (a)   must be in the prescribed form; and

  (b)   must be lodged in the prescribed manner.

  (4)   The applicant must pay the registration fee.

  (5)   If an application for registration of a business name is lodged with ASIC by post, it is taken to have been lodged with ASIC immediately after the end of the period of 5 business days beginning on the day on which it is received by ASIC.

  (6)   The prescribed form for an application for registration of a business name must require the applicant to provide details of a person's date and place of birth if it is necessary for or directly related to the purposes of:

  (a)   identifying the entity to whom the business name is to be registered; or

  (b)   determining whether the entity is disqualified.

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