Commonwealth Consolidated Acts

BUSINESS NAMES REGISTRATION ACT 2011 - SECT 39

  (1)   If:

  (a)   a business name is registered to an entity that is an individual; and

  (b)   the individual dies; and

  (c)   one of the following is granted to a person (the legal personal representative ):

  (i)   probate of the will of the deceased;

  (ii)   letters of administration of the estate of the deceased;

  (iii)   any other similar grant;

the legal personal representative must lodge with ASIC notice of the grant within 28 days after the grant is made.

  (2)   The notice:

  (a)   must be in the prescribed form; and

  (b)   must be lodged in the prescribed manner.

  (3)   If ASIC receives notice under this section:

  (a)   ASIC must (if it has not already done so) register the Business Name to the estate of the deceased; and

  (b)   enter the details of the legal personal representative on the Business Names Register.