Corporations Act 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.6 - NAMES  

Division 1 - Selecting and using a name  

SECTION 148   A COMPANY ' S NAME  
Company may use available name or ACN

148(1)    
A company may have as its name:

(a) an available name; or

(b) the expression " Australian Company Number " followed by the company ' s ACN.

The name must also include the words required by subsection (2) or (3).

Limited companies

148(2)    
A limited public company must have the word " Limited " at the end of its name unless section 150 or 151 applies. A limited proprietary company must have the words " Proprietary Limited " at the end of its name.

Unlimited proprietary companies

148(3)    
An unlimited proprietary company must have the word " Proprietary " at the end of its name.

No liability companies

148(4)    
A no liability company must have the words " No Liability " at the end of its name.

Public companies with " Proprietary " included in their name

148(5)    
A public company must not include the word " Proprietary " (or an abbreviation of it) in its name unless:

(a) it was a public company before 1 July 1998; and

(b) the word " Proprietary " (or an abbreviation of it) was included in its name before 1 July 1998.

148(6)    

An offence based on subsection (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .