Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 374

374. (1) A body corporate may lodge an application to reserve a specified name
as the name by which it is proposed that the body be registered as a company
under Division 2, 3 or 4 of Part 2.2.

(2) If the name is available to the body, the Commission shall reserve it in
respect of the body for 2 months after the date of lodgment of the
application.

(3) Subject to this Part, where, at the commencement of Division 2 of Part
2.2, a company of a State or Territory was registered by a particular name
under the company law of that State or Territory, then, so long as the company
continues to be registered by that name under that company law, the name shall
be deemed, except for the purposes of subsection 367 (1), to be reserved under
this section in respect of the company.

(4) Subject to this Part, where, at the commencement of Division 3 of Part
2.2, a foreign company was registered or incorporated by a particular name
under the law of its place of origin, then, so long as the foreign company
continues to be registered or incorporated by that name under that law, the
name shall be deemed, except for the purposes of subsection 367 (1), to be
reserved under this section in respect of the foreign company.

(5) Where:

   (a)  a name is reserved under this section in respect of a body corporate;
        and (b) the Commission registers the body as a company by that name
        under Division 2, 3 or 4 of Part 2.2; the Commission shall register
        the name in respect of the company and, where the Commission does so,
        the name is no longer reserved in respect of the body.

(6) Where:

   (a)  a name is reserved under this section in respect of a body corporate;
        and (b) the body informs the Commission in writing that it no longer
        wishes the name to be reserved in respect of it; the Commission shall
        cancel the reservation.

(7) The reservation of a name under this section in respect of a body
corporate does not of itself entitle the body to be registered as a company by
that name.