Frequently asked questions on the new ASIC business names service

Below are answers to some common questions to assist you in the lead up to the launch of the new ASIC business names register.

About business names

Does every business need to register a business name?
Where can I carry on business under my registered business name?
Can I have multiple business names held by the same entity with the one ABN?
If you have a trademark, do you also need to register a business name?
What is a trading name and is it different to a business name?
Do I need to register my trading name as a business name with ASIC?
Do I need to register my trading name as a business name if it is displayed on the Australian Business Register?

Business name availability

Before I register a new business name, can I check if the name is available?
I did a 'check business name availability' search and was told my name requires a manual decision. Why?
When I propose a business name to register, will the ASIC Connect screen show me what other names are currently registered?

Registering a business name

How can I change my business name?
How can I register a business name?
How can I register a business name and Australian Business Number (ABN)?
How can I register a franchise name?
Must I have an ABN to register a new name?
How simple is business name registration? Should I use an intermediary or agent?
Will franchisees need to give ASIC a copy of the letter of consent when registering a business name?
Will ASIC issue a business name certificate and do I need to display it?
Where can I go for in-person help to get started?
What if I disagree with the outcome of my application to register a business name?
When I checked the availability of my proposed business name, I was told it was available. But when I submitted my application to register the name, I was then told it was not available. Why?

Renewing a business name

What is a renewal?
When will I receive my first business name registration renewal notice?
Where will renewal notices be sent?
I received a renewal notice that was issued before 28 May 2012 by a state or territory. What do I do?
I haven't received my business name renewal notice, what should I do?
My business name renewal notice was sent to the wrong address, how can I get a copy of it?
Is there a late fee if you don't renew a business name registration on time?
Can I have an extension of time to pay my fees?
Will ASIC waive fees in exceptional circumstances?
If I don’t renew, when will my business name show as cancelled on the business names register?
Has my business name registration been successfully renewed?
I don't want to renew my business name – what should I do when I receive my renewal notice?
What are the differences between company annual reviews and business names renewals?

Updating business name details

How can I make changes to my business name registration details?
If I have an existing business name (registered before 28 May 2012) without an ABN will I need to add the ABN later or update it during renewal?
Why would I ask ASIC to suppress information from appearing on the public register?
How long will it take for ASIC to send me an ASIC key after I request one?

Cancelling a business name

How can I cancel a business name on the new register?

Payments and fees

How much does it cost to register or renew a business name?
What payment options are available when registering a new business name?

Searching the business names register

If I had an existing business name before 28 May 2012, how can I check my business name details were transferred to ASIC?
What information can I search on the business names register for free?
Will the nature or type of business appear on the public register?
Can I search a business name through an information broker?

Information for existing business name holders (business names registered before 28 May 2012

What happened to my existing business name registration(s) when the ASIC business name service began?
Who will notify me when my registration is due for renewal?
I received a renewal notice from South Australia (or any other state or territory), but I forgot to pay it. What should I do?
What will happen if I had identical business names registered in multiple states/territories?
What happens if my business name has previously been registered by different businesses in different states/territories?
Does the national business names register impact state and territory licensing?
Do I need to register my business name with ASIC if it was already registered with a state or territory before 28 May?

Frequently asked questions for agents

About business names

Q. Does every business need to register a business name?

A. No, you don't need to register a business name if, for example, you only trade under your own name (e.g. GLM Pty Limited or Jane Smith).

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Q. Where can I carry on business under my registered business name?

A. You can carry on business throughout Australia using your registered business name. Remember, a business name gives no trading rights over a name – only a trademark can give that type of protection.

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Q. Can I have multiple business names held by the same entity with the one ABN?

A. Yes. Multiple business names can be registered to a single ABN.

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Q. If you have a trademark, do you also need to register a business name?

A. Each business should assess whether this is needed depending on their circumstances. A business name registration is separate from a trademark and does not protect your trademark rights. For more information on trademarks and intellectual property visit www.ipaustralia.gov.au

.

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Q. What is a trading name and is it different to a business name?

A. A trading name is the name that an entity or person trades under, or is known as, by its suppliers or customers.

A trading name is also known as a business name if you carry on business or trade under that name in Australia.

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Q. Do I need to register my trading name as a business name with ASIC?

A. If you carry on a business under a trading name in Australia you will generally need to register the name with ASIC as a business name unless an exemption applies.

You do not need to register a business name if you are trading or carrying on a business under your own entity name. For example, where the entity is:

an individual and the business name is the individual’s name (their first name and surname)
a registered company and the business name is the company’s name, or
a partnership and the business name consists of all of the partners’ names.

The law does not allow any changes from the business holder’s name if you wish to rely on the above exemptions. For example, if your name is John Smith, and the name of your business is ‘John Smith & Co’, you will need to register the business name ‘John Smith & Co’.

If you are unsure about whether you are exempt from registering a name, or whether you are carrying on a business or trading within Australia, take a look at our Regulatory Guide 235 Registering your business name, which gives helpful examples.

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Q. Do I need to register my trading name as a business name if it is displayed on the Australian Business Register?

A. Some businesses have linked their trading names to their Australian Business Number (ABN) in the Australian Business Register (ABR). This means their trading names are displayed on ABN Lookup.

Since the start of the national business name reforms on 28 May 2012, the ABR has stopped collecting or updating trading names information except where the name is registered as a business name with ASIC. However, trading names that were collected before 28 May 2012 are currently displayed in ABN Lookup but cannot be changed or updated.

From 1 July 2014 it is expected that the ABN Lookup will stop displaying all trading names that are not registered business names.

If you wish to continue to use your trading name to identify your business, this is a timely reminder to register it as a business name with ASIC.

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Business name availability

Q. Before I register a new business name, can I check if the name is available?

A. Yes. You can check the availability of a new business name by searching the business names register for existing names before applying for a new business name.

You should also check that your proposed name doesn’t already have a trade mark registered against it.

Our service links to Australian trade mark and domain name searches. For more information you can search Australian trade marks at IP Australia Trade Mark Check (TM Check)

and domain names at Domain Name Administrator (auDA)

.

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Q. I did a 'check business name availability' search and was told my name requires a manual decision. Why?

A. ASIC applies a range of automated tests to determine if a proposed business name is available, some of which may result in the need for manual review by an ASIC staff member.

For example, your proposed business name will be checked if:

it includes words unknown to ASIC
it contains a restricted word or expression, and/or
it contains a potentially undesirable word or expression.

We will review these words or expressions within the context of the proposed business name.

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Q. When I propose a business name to register, will the ASIC Connect screen show me what other names are currently registered?

A. Yes, we will show you similar registered names to increase your awareness. You may also wish to search the Business Names Index for cancelled names or former names. This is a separate free search.

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Registering a business name

Q. How can I change my business name?

A. You cannot change a registered business name. If you have registered the incorrect name or want to change a registered business name, you must cancel your current business name and/or register a new name.

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Q. How can I register a business name?

A. Once you have an Australian Business Number (ABN)

, you can register a business name quickly and easily online. A link is provided at the end of the online ABN application or you can go directly to ASIC Connect

. You can pay the registration fee online with a credit card (MasterCard or Visa) or use payment methods such as BPay and payment to Australia Post.

You should be able to prepare your application without any professional help. It should take around 15–20 minutes if you have all your information on hand.

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Q. How can I register for a business name and Australian Business Number (ABN)?

A. New businesses will need to have an Australian Business Number (ABN) or be in the process of applying for an ABN (and not have been refused) to register a business name.

If you have forgotten your ABN, you can use the ABN Lookup

service to find it before you start.

If you do not have an ABN, you can visit the Australian Business Register

to apply for one. If you are applying as an individual (sole trader) or company with an Australian Company Number or an Australian Registered Body Number you can also apply to register a new business name as at the same time. Once complete the ABR will pass the application on to us.

The registration application will ask you to select an ABN option that best suits your circumstances.

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Q. How can I register a franchise name?

A. Registering a franchise name is the same as registering any other business name. We will apply the same tests to check if the name is available. You do not need to give us a copy of a letter of consent to register a franchise name. It is up to you to make sure you are complying with the terms and conditions of your particular franchise agreement. There may also be other legislation – which we don’t administer – that applies to carrying on business as a franchise. You should seek your own professional advice if you are unsure of your obligations when entering into a franchise agreement.

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Q. Must I have an ABN to register a new name?

A. Yes (unless you operate solely in the Christmas Islands or Cocos (Keeling) Islands and you are not entitled to an ABN under the A New Tax System (Australian Business Number) Act 1999).

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Q. How simple is business name registration? Should I use an intermediary or agent?

A. For most applicants, registering a business name online will be straightforward. As a guide, a routine registration might take around 20 minutes. Some people might wish to use an agent or other person to assist them.

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Q. Will franchisees need to give ASIC a copy of the letter of consent when registering a business name?

A. No, this is not required.

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Q. Will ASIC issue a business name certificate and do I need to display it?

A. There is no legal requirement for us to issue, or businesses to display, certificates of registration. However, in response to customer feedback we will issue a record of registration following registration and each renewal. You do not need to display the record of registration, although you may wish to. You are still required to display the business name.

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Q. Where can I go for in-person help to get started?

A. Everything you need to know is available online via our website or through our call centre. You can pick up an information sheet and get some high-level guidance if you visit an ASIC office, an Australian Taxation Office service centre or a Business Enterprise Centre.

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Q. What if I disagree with the outcome of my application to register a business name?

A. You can seek a review of an ASIC decision by lodging your request within 28 days of being notified of the decision. You should submit a copy of your application. If you are still not satisfied with our decision, you may apply to the Administrative Appeals Tribunal for further review.

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Q. When I checked the availability of my proposed business name, I was told it was available. But when I submitted my application to register the name, I was then told it was not available. Why?

A. Someone else may have registered the name while you were completing your application. Until you submit your application, the name is not held for you. If you close a transaction and resume it later, you may wish to check the availability of the name again.

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Renewing a business name

Q. What is a renewal?

A. If you have registered a business name and want to continue to carry on business under that business name, you must renew the registration of the business name before it expires. We will send you a renewal notice, it will tell you how to go online, renew the registration and pay the renewal fee.

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Q. When will I receive my first business name registration renewal notice?

A. We are issuing renewal notices for all business name registrations that expire on or after 28 May 2012. See more information about renewing a business name.

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Q. Where will renewal notices be sent?

A. Renewal notices will be sent by mail to the address for service of documents for the business

. This is the business address given to us when information about business names was transferred from the state and territory agencies.

You can check your business name details on the register to see what address is recorded for service of documents.

If you have updated the register since 28 May and provided a business email address, we will send the renewal notice to that email address.

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Q. I received a renewal notice that was issued before 28 May 2012 by a state or territory. What do I do?

A. Business name holders who have received a renewal notice that was issued before 28 May 2012 by the state or territory, must pay renewal fees to the relevant state or territory agency. See the payment details on the notice. Once you have renewed with the state or territory agency, they will tell us so that we can update the register. ASIC cannot accept renewals or payments for business names whose renewal date occurred before 28 May 2012.

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Q. I haven't received my business name renewal notice, what should I do?

A. Check our timing of renewal notices to find out when to expect to receive your notice.

If you believe you should have received it, check your business name details on the business names register. If the address for service of documents is wrong, update the register using ASIC Connect and keep a copy of the transaction number.

Send us an online inquiry with the transaction number of the change of address and tell us that you need the renewal notice re-issued to the updated address.

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Q. My business name renewal notice was sent to the wrong address, how can I get a copy of it?

A. We can only issue notices to an address on our register. Check your business name details on our business names register. If the address is wrong, correct it using ASIC Connect and keep a copy of the transaction number.

Send us an online inquiry with the transaction number of the change of address and tell us that you need the renewal notice re-issued to the updated address.

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Q. If I don’t renew, when will my business name show as cancelled on the business names register?

A. Your business name is cancelled on the business names register three months after the registration expiry date.

While the business name will appear as cancelled on the business name register, the name will be not available for anyone to register for another four months from the date of cancellation.

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Q. Has my business name registration been successfully renewed?

A. We will email confirmation of your successful business name registration renewal and a 'Record of registration for a business name' to the business email address. You will also be able to see your new registration expiry date on the business names register.

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Q. I don't want to renew my business name – what should I do when I receive my renewal notice?

A. If you no longer require your business name you do not need to do anything when you receive your renewal notice. We will cancel the business name after the renewal due date if no action has been taken to renew the name.

You can also cancel your business name at any time.

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Q. What are the differences between company annual reviews and business names renewals?

A. Companies and business names are governed by different legislation. Registering a company is different to registering a business name and both have different statutory fees for their ongoing registration.
Find out more about companies
Find out more about business names

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Updating business name details

Q. How can I make changes to my business name registration details?

A. Use ASIC Connect to update business name details. You must ensure your details in the business names register are kept up-to-date. For example, you may need to update your contact address or business name holder details.

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Q. If I have an existing business name (registered before 28 May 2012) without an ABN, will I need to add the ABN later or update it during renewal?

A. No, this is not compulsory, although you can update the ASIC register by adding the ABN to your business name record if you wish to. Your updated business name record showing your ABN will appear on ASIC Connect Search after the transaction has been processed.

As you can no longer update your trading name with the ABR, adding your ABN to your business name record with ASIC is a way to show the link between your business and your ABN.

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Q. Why would I ask ASIC to suppress information from appearing on the public register?

A. You might ask us to do this if you believe there is a risk to the personal safety of an individual, their family or individuals in their place of business. We will consider each application on its merits.

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Q. How long will it take for ASIC to send me an ASIC key after I request one?

A. We will process your request as a high priority, generally within one to two days. If you have a more urgent requirement, you should contact us by telephone.

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Cancelling a business name

Q. How can I cancel a business name on the new register?

A. Use ASIC Connect to cancel a business name

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Payments and fees

Q. What payment options are available when registering a new business name?

A. You can 'Pay now' by credit card (MasterCard or Visa) using a secure online payment service or 'Pay later' by invoice (BPay and Australia Post). If you choose to pay later, you will need to pay within 10 days of submitting your application to register a business name. See more information on payments.

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Q. How much does it cost to register or renew a business name?

A. The fee depends on the period for which you wish to register the business name. You may select a registration period of one year for $30 or $70 for three years. The same fees apply to renewals.

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Searching the business names register

Q. If I had an existing business name before 28 May 2012, how can I check my business name details were transferred to ASIC?

A. You can search your business name details online through ASIC Connect - Search

. Search our business names index or search by business name holder.

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Q. What information can I search on the business names register for free?

A. You can search for information about business names, including the name of the holder and current service address and principal place of business. This information is free.

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Q. Will the nature or type of business appear on the public register?

A. No. We do not collect or display this information.

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Q. Can I search a business name through an information broker?

A. Some information brokers offer business names search services. A list of information brokers is available here.

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Information for existing business name holders (business names registered before 28 May 2012

Q. What happened to my existing business name registration(s) when the ASIC business name service began?

A. If, on commencement of the national business names register on 28 May 2012, your business name was registered in a state or territory, you do not have to register it again with us. Your business name was automatically transferred to the business names register. The period of registration was transferred from the state or territory business name systems.

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Q. Who will notify me when my registration is due for renewal?

A. We will notify you well in advance of your business name registration expiring. We will send business name renewal notices to the existing service address provided by the state and territory agencies. If your service address is not current you may not receive notices from us.

If your renewal date falls on the commencement of the national business names register or shortly after, (e.g June or July), we may send the renewal notice after the date the business name registration expires. We will start issuing renewals in early July and will extend payment due dates for the delayed renewal notice.

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Q. I received a renewal notice from South Australia (or any other state or territory), but I forgot to pay it. What should I do?

A. If you received a renewal notice from a state or territory you will need to pay that state or territory in order to renew the name, even if you are late. If you do not pay the renewal fee the state or territory will advise us that the business name has expired and it will not remain registered on the national register.

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Q. What will happen if I had identical business name registered in multiple states/territories?

A. If your business name was registered in more than one state or territory, all your business names will have transferred to ASIC's national business names register. You may now have multiple identical business names registered to you. You may choose to keep one business name record (e.g. the business name with the latest registration expiry date) and cancel the registration of your other remaining business names. There is no fee to cancel a business name.

Keeping only one business name may reduce the administrative burden of maintaining several business name registrations (including receiving multiple notices for each registration) and minimise the potential for confusion from consumers in determining the business name holder’s correct details.

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Q. What happens if my business name has previously been registered by different businesses in different states/territories?

A. There may be two or more identical (or nearly identical) business names recorded in the ASIC business names register (e.g. when an identical business name was registered in different states or territories to different entities).

We will provide additional information on the public register to assist the public in differentiating between identical business names such as the state or territory the business name was first registered in or the state or territory business name registration number.

The additional information does not form part of the business name.

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Q. Does the national business names register impact state and territory licensing?

A. You should contact the relevant state and territory agencies to find out about licensing requirements in each state and territory. The business names reforms do not directly change licensing and other regulatory requirements.

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Q. Do I need to register my business name with ASIC if it was already registered with a state or territory before 28 May?

A. No, in no circumstance will existing business name holders as at 28 May need to re-register their names with us. They will need to keep their details up to date and renew the name before the registration expires. We will send you a notice to let you know when your renewal is due and how to renew your business name.

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Roadshow questions and answers

Frequently asked questions for agents

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