Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An entity that intends to carry on a business under a name may lodge with ASIC an application for the name to be registered to the entity as a business name.
Note: Under section 18, it is an offence to carry on a business under an unregistered business name.
(2) The application must:
(a) include:
(i) details sufficient to identify the entity; and
(ii) the entity's ABN or, if an application for an ABN is pending, a statement to that effect and the reference number for the ABN application; and
(iii) the address of the entity's principal place of business in Australia; and
(iv) an address in Australia for service of documents; and
(v) the business name to which the application relates; and
(b) specify the period for which registration is sought; and
(c) specify whether the entity is disqualified.
(3) The application:
(a) must be in the prescribed form; and
(b) must be lodged in the prescribed manner.
(4) The applicant must pay the registration fee.
(5) If an application for registration of a business name is lodged with ASIC by post, it is taken to have been lodged with ASIC immediately after the end of the period of 5 business days beginning on the day on which it is received by ASIC.
(6) The prescribed form for an application for registration of a business name must require the applicant to provide details of a person's date and place of birth if it is necessary for or directly related to the purposes of:
(a) identifying the entity to whom the business name is to be registered; or
(b) determining whether the entity is disqualified.