23Application to register a business name

23 Application to register a business name

(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.