The ''Business Names Registration Act 2011'' is a Commonwealth legislation that sets out the registration, renewal and cancellation of business names in Australia. All business structures that trade or deal under a name other than their legal entity name in Australia must apply for a business name.
The law was introduced when the responsibility to administer trading names registers was transferred from state and territory governments to the federal government to unify the state and territory governments' trading names registers into a national business names register. On 28 May 2012, all existing trading names registered with state and territory governments' trading names registers that complied with the law were automatically transferred to the national business names register. The
Australian Securities and Investments Commission
The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to pro ...
was appointed to establish and maintain the national business names register under the section 22(1).
The purpose of the national business names register is stated under subsection 22(2): "The purpose of the
ational siness
mes
gister is to enable those who engage or propose to engage with a business carried on under a business name to identify the entity carrying on the business and how the entity may be contacted."
Protections
Registering a business name does not provide to an applicant any exclusive rights over a business name or protection under intellectual property law.
Availability requirements
In accordance with section 25, the rules for determining if a business name is available to an applicant are set out in the ''Business Names Registration (Availability of Names) Determination 2015''.
Additionally, an applicant whose proposed business name would ordinarily be refused under the rules is entitled to apply for ministerial consent to register the business name despite the rules if the minister, at their sole discretion, considers the request to be reasonable.
References
Australian business law
Australian corporate law
2011 in Australian law
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