Commonwealth Consolidated Acts

BUSINESS NAMES REGISTRATION ACT 2011 - SECT 38

  (1)   If:

  (a)   a business name is registered to an entity; and

  (b)   a person is appointed or authorised to act as a debtor representative of the entity;

the person must lodge with ASIC notice of that fact in accordance with subsection   (2).

  (2)   The notice:

  (a)   must be given to ASIC within 28 days after the appointment or authorisation; and

  (b)   must identify who (if anyone) will carry on a business under the business name while the person is appointed or authorised; and

  (c)   must be in the prescribed form; and

  (d)   must be lodged in the prescribed manner.

  (3)   In this section:

"debtor representative" means:

  (a)   a trustee in bankruptcy; or

  (b)   a liquidator within the meaning given by subsection   6(1) of the Income Tax Assessment Act 1936 ; or

  (c)   a receiver; or

  (d)   a controller (within the meaning of section   9 of the Corporations Act 2001 ); or

  (e)   an administrator appointed to an entity under Division   2 of Part   5.3A of the Corporations Act 2001 ; or

  (f)   a person appointed, or authorised, under a law of the Commonwealth, or of a State or Territory, to manage the affairs of an entity because it is unable to pay all its debts as and when they become due and payable; or

  (g)   an administrator of a deed of company arrangement executed by the entity; or

  (h)   a foreign representative in respect of a foreign proceeding that has been recognised for the purposes of the Cross - Border Insolvency Act 2008 .

"trustee in bankruptcy" means:

  (a)   in relation to a bankruptcy--the trustee of the estate of the bankrupt; or

  (b)   in relation to a composition or scheme of arrangement under Division   6 of Part   IV of the Bankruptcy Act 1966 --the trustee of the composition or scheme of arrangement; or

  (c)   in relation to a debtor whose property is subject to control under Division   2 of Part   X of the Bankruptcy Act 1966 --the controlling trustee in relation to the debtor under that Part of that Act; or

  (d)   in relation to a personal insolvency agreement under Part   X of the Bankruptcy Act 1966 --the trustee of the agreement; or

  (e)   in relation to the estate of a deceased person in respect of which an order has been made under Part   XI of the Bankruptcy Act 1966 --the trustee of the estate.