Commonwealth Consolidated Regulations

CORPORATIONS REGULATIONS 2001 - SCHEDULE 6

(regulations   2B.6.01, 2B.6.02, 5B.3.01, 5B.3.02 and 8A.4.10)

Part   1 -- Rules for ascertaining whether names are identical

6101  

    In comparing one name with another for paragraph   147(1)(a) or (b) or 601DC(1)(a) or (b) or for subparagraph   1213B(5)(a)(i), (ii), (iii) or (iv) of the Act, the following matters are to be disregarded:

  (a)   the use of the definite or indefinite article as the first word in one or both of those names;

  (b)   the use of 'Proprietary', 'Pty', 'Limited', 'Ltd', 'No Liability' or 'NL' in one or both of the names;

  (c)   whether a word is in the plural or singular number in one or both names;

  (d)   the type, size and case of letters, the size of any numbers or other characters, and any accents, spaces between letters, numbers or characters, and punctuation marks, used in one or both names;

  (e)   the fact that one name contains a word or expression in column 2 of the following table and the other name contains an alternative for that word or expression in column 3:

Part   2 -- Names unacceptable for registration

6203  

    For paragraphs 147(1)(c) and 601DC(1)(c) and for subparagraph   1213B(5)(a)(v) of the Act, a name is unacceptable for registration if the name:

  (a)   in the opinion of ASIC, is undesirable, or likely to be offensive to:

  (i)   members of the public; or

  (ii)   members of any section of the public; or

  (b)   subject to rule   6204:

  (i)   contains a word or phrase specified in an item in Part   3, or an abbreviation of that word or phrase; or

  (ii)   a word or phrase or an abbreviation having the same or a similar meaning; or

  (c)   subject to rule   6205, includes the word 'Commonwealth' or 'Federal'; or

  (d)   in the context in which it is proposed to be used, suggests a connection with:

  (i)   the Crown; or

  (ii)   the Commonwealth Government; or

  (iii)   the Government of a State or Territory; or

  (iv)   a municipal or other local authority; or

  (v)   the Government of any other part of the Queen's dominions, possessions or territories; or

  (vi)   a department, authority or instrumentality of the Commonwealth Government; or

  (vii)   a department, authority or instrumentality of the Government of a State or Territory; or

  (viii)   the government of a foreign country;

    if that connection does not exist; or

  (e)   in the context in which it is proposed to be used, suggests a connection with:

  (i)   a member of the Royal Family; or

  (ii)   the receipt of Royal patronage; or

  (iii)   an ex - servicemen's organisation; or

  (iv)   Sir Donald Bradman; or

  (v)   Mary MacKillop;

    if that connection does not exist; or

  (f)   in the context in which it is proposed to be used, suggests that the members of an organisation are totally or partially incapacitated if those members are not so affected.

6204  

    Paragraph   6203(b) does not apply to the following:

  (a)   item   6309, 6312 or 6318 of Part   3 if a word or phrase in any of those items must be included in the name of:

  (i)   a registrable Australian body; or

  (ii)   a registered Australian body;

    because of the Act under which it is incorporated or registered;

  (b)   item   6314 of Part   3 if the word in that item must be included in the name of:

  (i)   a registrable Australian body; or

  (ii)   a registered Australian body; or

  (iii)   a registered foreign company; or

  (iv)   a foreign company;

    because of the Act under which it is incorporated or registered;

  (c)   item   6316AA of Part   3 if the phrase in that item is included in the name of a foreign passport fund in relation to which a notice of intention has been lodged under section   1213 of the Act (which deals with notices of intention to offer interests in a foreign passport fund).

6205  

    Paragraph   6203(c) does not apply if ASIC is satisfied that the word is used in a geographical context.

Part   3 -- Restricted words and phrases

Part   4 -- Consent required to use restricted words and phrases

Part   5 -- Names relating to financial institutions for use of which consent is required