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If you're looking to register a company name in Australia, there are a few key steps you need to follow. Firstly, it's important to note that you must have an Australian Business Number (ABN) or an ABN application reference number before you can apply for a company name. You can apply for an ABN for free through the Australian Government Business Registration Service, which also allows you to register your company name and apply for taxes simultaneously. Once you have your ABN, you can apply for your company name directly through the ASIC (Australian Securities and Investments Commission) website, where you'll need to pay a registration fee. It's important to check that your desired company name isn't already taken, as registering it will prevent others from using the exact same name.
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What You'll Learn
Registering a business name
Once you have your ABN, you can apply for a business name directly with the Australian Securities and Investments Commission (ASIC) using ASIC Connect. You can also choose to register with a private service provider (PSP), such as your accountant or solicitor, although they will usually charge a fee for their services.
When registering your business name, you will need to pay a registration fee. This can be done online with a credit card, BPAY, or by requesting an invoice. You will also need to provide the proposed business name, the holder's details (e.g. date of birth), and the addresses of the proposed business name. You can register a business name for one year or three years, after which it must be renewed.
It's important to note that registering a business name will prevent others from registering the exact same name, but it does not protect your Intellectual Property (IP) or brand. You also cannot register a business name that is already registered by someone else or trademarked. Be sure to search the ASIC business names register and use TM Checker to check if the name you want is available.
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Applying for an Australian Business Number (ABN)
To apply for an Australian Business Number (ABN), you must first ensure that you are entitled to an ABN. Not everyone is entitled to one. An ABN is a unique 11-digit number that identifies your business to the government, other businesses, and the public. It is free to register for an ABN through the Australian Government's Business Registration Service.
To get started with the application process, visit the Australian Business Register (ABR) website. You can log in with a username and password, sign up, or enter an AUSkey. If you don't have an account, select 'Sign up' and follow the prompts. You can also refer to the user guide for assistance. Before you register for an ABN, make sure you have all the information you need about your business.
You can also apply for an ABN and register your business name online through the Australian Government Business Registration Service. If you already have an ABN, you can apply for a business name directly with the Australian Securities and Investments Commission (ASIC) using ASIC Connect. Alternatively, you can register or renew your business name with a private service provider (PSP) such as your accountant or solicitor, although they may charge a fee for their services.
It is important to note that you must have an ABN or an ABN application reference number before you can apply for a business name. You will also need to pay a registration fee as part of the application process. This can be done online with a credit card, BPAY, or by requesting an invoice.
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Checking name availability
ASIC's 'Check Business Name Availability' search is a straightforward way to determine if your chosen name is available. This search will yield one of three results: green, indicating the name is available; amber, indicating that further assessment is required; or red, meaning the name is unavailable. It is important to note that a business name is generally available if it does not contain restricted words or expressions and is not identical or nearly identical to an existing registered name.
You can also use ASIC's Organisations and Business Names search to find information on registered companies, foreign companies, and other entities. This search provides free information, including unique identification numbers and company name search summaries. Additionally, IP Australia's website and the TM Checker tool can be used to ensure your desired name is clear for use.
If you are not yet ready to register your company but want to secure your chosen name, you can apply to reserve it. ASIC will reserve an approved name for an initial period of two months, with the option to renew for an additional fee. This can be done by submitting Form 410, the "Application for Reservation of a Name," online or by post, along with the required fee.
It is important to remember that even with a reserved or registered name, a company with a similar name or trademark may take action against you. Therefore, it is your responsibility to be vigilant and ensure that your chosen name does not infringe on any existing trademarks or similar names.
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Paying the registration fee
It's important to note that you must have an Australian Business Number (ABN) or an ABN application reference number before applying for a business name. You can apply for an ABN through the Australian Business Registration Service, which combines several business and tax registrations in one place, making it easier to start a business. Alternatively, you can apply directly with ASIC using ASIC Connect if you already have an ABN.
Once you have your ABN or ABN application reference number, you can proceed with paying the registration fee for your company name. ASIC offers several payment options, including credit card, BPAY, or requesting an invoice. If you choose to pay by credit card, ASIC accepts Visa or MasterCard. Make sure to complete your payment within 10 business days of your application being approved, as ASIC must receive payment within this timeframe to consider your registration valid. Failure to pay within the specified period will result in your application being rejected, and you will need to reapply for the name.
It's worth mentioning that registering through a private service provider (PSP) is another option. Your accountant, solicitor, or another business that provides online services with ASIC can assist with this. However, it's important to note that PSPs typically charge a fee for their services, which is usually higher than the fee charged by ASIC.
After successfully making the payment, you will be directed to a confirmation screen. Your business name should be registered within 48 hours of completing the payment. Additionally, remember that business names are registered nationally, so you don't need to register separately with your state or territory.
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Using a private service provider
To apply for a company name in Australia, you can use a private service provider (PSP) such as your accountant, lawyer, or another business that provides online services with the Australian Securities and Investments Commission (ASIC).
Using a PSP can offer several benefits, including additional services such as domain name checks, help with other registrations, reminders for due dates, and business advice. PSPs can also manage the payment of fees to ASIC on your behalf, although they may charge a fee for this service. Before engaging a PSP, it is essential to check and compare their fees.
When choosing a company name, it is important to ensure that it complies with ASIC guidelines. The name must not be misleading about the company's activities and should not be associated with the Australian government, the Royal Family, or any ex-servicemen's organisations. Offensive or suggestive names will also be refused. Additionally, you should check for similar names or trademarks that may impact your chosen name.
Before registering your company name, you will need to decide on the business structure that best suits your needs. A company, for instance, is a separate legal entity that allows you to conduct business throughout Australia and offers benefits such as corporate tax rates and limited liability. Registering a company name is different from registering a business name, and you can choose to do one or both, depending on your business needs.
If you are ready to proceed with registering your company name, you can do so through the ASIC website or by using a PSP. The process typically involves providing relevant addresses, confirming your eligibility, and paying the associated fees. By following these steps and working with your chosen PSP, you can efficiently navigate the company name application process in Australia.
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Frequently asked questions
You can apply for a company name in Australia by registering online with the Australian Securities and Investments Commission (ASIC) or through a private service provider (PSP) such as your accountant or lawyer.
You must have an Australian Business Number (ABN) or an ABN application reference number. You will also need to pay a registration fee, which can be done online with a credit card, by BPAY, or by requesting an invoice.
It takes around 15 minutes to register a company name through the Business Registration Service. You should get a confirmation within 48 hours if you have provided all the necessary documents and paid the fee.
If you do not renew your company name with ASIC on time, they may cancel it.
