Corporations Act 2001
A person may lodge an application in the prescribed form with ASIC to reserve a name for a registrable Australian body or a foreign company. If the name is available, ASIC must reserve it.
Note: For available names, see section 601DC .
[ CCH Note 1: S 601DA(1) will be amended by No 69 of 2020, s 3, Sch 1[925] and [ 926], by substituting " with the Registrar " for " in the prescribed form with ASIC " and " the Registrar " for " ASIC " (second occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601DA(1A) will be inserted by No 69 of 2020, s 3, Sch 1[927] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 601DA(1A) will read:
601DA(1A)
The application must meet any requirements of the data standards.]
601DA(2)
The reservation lasts for 2 months from the date when the application was lodged. An applicant may ask ASIC in writing for an extension of the reservation during a period that the name is reserved, and ASIC may extend the reservation for 2 months.
[ CCH Note: S 601DA(2) will be amended by No 69 of 2020, s 3, Sch 1[928], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
601DA(3)
ASIC must cancel a reservation if the applicant asks ASIC in writing to do so.
[ CCH Note 1: S 601DA(3) will be amended by No 69 of 2020, s 3, Sch 1 [ 929] and [930], by substituting " The Registrar " for " ASIC " (first occurring) and " the Registrar " for " ASIC " (second occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601DA(4) will be inserted by No 69 of 2020, s 3, Sch 1[931] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 601DA(4) will read:
601DA(4)
A request under subsection (2) or (3) must meet any requirements of the data standards.]
SECTION 601DB ACCEPTABLE ABBREVIATIONS 601DB(1) [ Abbreviations that can be used]
The abbreviations set out in the following table may be used:
(a) instead of words that this Act requires to be part of a registrable Australian body's or foreign company's name or to be included in a document; and
(b) instead of words that are part of a registrable Australian body's or foreign company's name; and
(c) with or without full stops.
| Acceptable abbreviations | [ operative table ] | |
| Word | Abbreviation | |
| 1 | Company | Co or Coy |
| 2 | Proprietary | Pty |
| 3 | Limited | Ltd |
| 4 | Australian | Aust |
| 5 | Number | No |
| 6 | and | & |
| 7 | Australian Registered Body Number | ARBN |
| 8 | Registered | Regd |
If a registrable Australian body's or foreign company's name includes any of these abbreviations, the word corresponding to the abbreviation may be used instead.
SECTION 601DC WHEN A NAME IS AVAILABLEName is available unless identical or unacceptable
601DC(1)
A name is available to a registrable Australian body or a foreign company unless the name is: (a) identical (under rules set out in the regulations) to a name that is reserved or registered under this Act for another body; or (b) identical (under rules set out in the regulations) to a name that is held or registered on the Business Names Register in respect of another individual or body who is not the person applying to have the name; or (c) unacceptable for registration under the regulations.
[ CCH Note: S 601DC(1) will be amended by No 69 of 2020, s 3, Sch 1[932], by substituting " under the Business Names Registration Act 2011 " for " on the Business Names Register " in para (b) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
View history note
Hide history note[ CCH Note: The Business Names Registration (Application of Consequential Amendments) Act 2011 (Act No 172 of 2011), s 3, Sch 1[4] contained the following application provision (effective 20 April 2012):
]Application of amendments to the Corporations Act 2001
(1) The amendments made by items 15, 16, 17 and 19 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to the availability of names on or after the change-over day. [ CCH Note: change-over day means the day on which Part 2 of the Business Names Registration Act 2011 (Act No 126 of 2011) commences, ie 28 May 2012.]
(2) The amendments made by items 18 and 20 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to things done on or after the change-over day.
Minister may consent to a name being available
601DC(2)
The Minister may consent in writing to a name being available to a registrable Australian body or foreign company even if the name is: (a) identical to a name that is reserved or registered under this Act for another body; or (b) unacceptable for registration under the regulations.
601DC(3)
The Minister ' s consent may be given subject to conditions.
Note: If the body or company breaches a condition, ASIC may direct it to change its name under section 601DJ .
[ CCH Note: S 601DC(3) will be amended by No 69 of 2020, s 3, Sch 1[933], by substituting " the Registrar " for " ASIC " in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
601DC(4)
The regulations may specify that a particular unacceptable name is available to a registrable Australian body or foreign company if: (a) a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or an internal Territory has consented to the body or company using or assuming the name; or (b) the body or company is otherwise permitted to use or assume the name by or under a specified provision of an Act of the Commonwealth, a State or an internal Territory.
The consent of the authority, instrumentality or agency may be given subject to conditions.
Note: If the consent is withdrawn, the body or company ceases to be permitted or it breaches a condition, ASIC may direct it to change its name under section 601DJ .
[ CCH Note: S 601DC(4) will be amended by No 69 of 2020, s 3, Sch 1[933], by substituting " the Registrar " for " ASIC " in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
SECTION 601DD REGISTERED AUSTRALIAN BODIES AND REGISTERED FOREIGN COMPANIES CAN CARRY ON BUSINESS WITH SOME NAMES ONLY 601DD(1)
A registered Australian body or registered foreign company must not carry on business under a name in this jurisdiction unless subsection (2) or (3) authorises the body or company to use the name.
601DD(1A)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
601DD(2)
The body or company may use the name if the company or body is registered under that name under Part 5B.2 .
601DD(3)
A registered Australian body may use a name in the State or Territory that is its place of origin if the name is registered to the body on the Business Names Register.
[ CCH Note: S 601DD(3) will be amended by No 69 of 2020, s 3, Sch 1[934], by substituting " under the Business Names Registration Act 2011 " for " on the Business Names Register " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: The Business Names Registration (Application of Consequential Amendments) Act 2011 (Act No 172 of 2011), s 3, Sch 1[4] contained the following application provision (effective 20 April 2012):
]Application of amendments to the Corporations Act 2001
(1) The amendments made by items 15, 16, 17 and 19 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to the availability of names on or after the change-over day. [ CCH Note: change-over day means the day on which Part 2 of the Business Names Registration Act 2011 (Act No 126 of 2011) commences, ie 28 May 2012.]
(2) The amendments made by items 18 and 20 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to things done on or after the change-over day.
SECTION 601DE USING A NAME AND ARBN 601DE(1) Requirements for bodies that are not Australian ADIs.
Subject to sections 601DF and 601DG , a registered Australian body or registered foreign company must set out the following on all its public documents and negotiable instruments published or signed in this jurisdiction:
(a) its name;
(b) either:
(i) the expression ``Australian Registered Body Number'' followed by the body's ARBN; or
(ii) if the last 9 digits of the body's ABN are the same, and in the same order, as the last 9 digits of its ARBN - the words ``Australian Business Number'' followed by the body's ABN;
(c) its place of origin;
(d) if the liability of its members is limited and this is not apparent from its name - notice of the limited liability of its members.
Paragraphs (c) and (d) do not apply to an Australian ADI.
Note: In any case where the body's ARBN would be used, the body's ABN may be used instead if section 1344 is satisfied.
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
Subject to sections 601DF and 601DG , the information required by paragraph (1)(b) must be set out with the company's or body's name, or 1 of the references to its name in the document or instrument. If the name appears on 2 or more pages of the document or instrument, this must be done on the first of those pages.
SECTION 601DF 601DF EXCEPTION TO REQUIREMENT TO HAVE ARBN ON RECEIPTSA registered Australian body or a registered foreign company does not have to set out the expression ``Australian Registered Body Number'' followed by its ARBN on a receipt (for example, a cash register receipt) that sets out information recorded in the machine that produced the receipt. SECTION 601DG 601DG REGULATIONS MAY EXEMPT FROM REQUIREMENT TO SET OUT INFORMATION ON DOCUMENTS
The regulations may exempt a specified registered Australian body or registered foreign company, or a class of those bodies or companies, from the requirement in paragraphs 601DE(1)(b), (c) and (d) to set out information on its public documents and negotiable instruments. The exemption may relate to specified documents or instruments, or a class of documents or instruments. SECTION 601DH NOTICE OF NAME CHANGE MUST BE GIVEN TO ASIC
[ CCH Note: S 601DH heading will be amended by No 69 of 2020, s 3, Sch 1[935], by substituting " THE REGISTRAR " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
A registered Australian body or a registered foreign company must give ASIC written notice of a change to its name within 14 days after the date the change occurred.
[ CCH Note 1: S 601DH(1) will be amended by No 69 of 2020, s 3, Sch 1[936], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601DH(1AA) will be inserted by No 69 of 2020, s 3, Sch 1[937] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 601DH(1AA) will read:
601DH(1AA)
The notice must meet any requirements of the data standards.]
601DH(1A)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
601DH(2)
If the proposed name is available, ASIC must alter the details of the body ' s or foreign company ' s registration to reflect the change. For the purposes of this Act (other than subsection (1) ), the change of name takes effect when ASIC alters the details of the body ' s or foreign company ' s registration.
Note 1: For the reservation of names, see section 601DA .
Note 2: For available names, see section 601DC .
Note 3: ASIC must issue a new certificate reflecting the name change (see section 601CU ).
[ CCH Note: S 601DH(2) will be amended by No 69 of 2020, s 3, Sch 1 [ 938] and [939], by substituting " the Registrar " for " ASIC " (wherever occurring) (not including the notes) and " The Registrar " for " ASIC " in note 3, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: The next section is s 601DJ.]
SECTION 601DJ ASIC ' s POWER TO DIRECT A REGISTERED NAME BE CHANGED
[ CCH Note: S 601DJ heading will be amended by No 69 of 2020, s 3, Sch 1[940], by substituting " THE REGISTRAR ' S " for " ASIC ' S " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
ASIC may direct a registered Australian body or registered foreign company in writing to change the name under which the body or company is registered within 2 months if: (a) the name should not have been registered; or (b) the body or company has breached a condition under subsection 601DC(3) on the availability of the name; or (c) a consent given under subsection 601DC(4) to use or assume the name has been withdrawn; or (d) the body or company has breached a condition on a consent given under subsection 601DC(4) ; or (e) the body or company ceases to be permitted to use or assume the name (as referred to in paragraph 601DC(4)(b) ).
[ CCH Note: S 601DJ(1) will be amended by No 69 of 2020, s 3, Sch 1[941], by substituting " The Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
601DJ(2)
The body or company must comply with the direction within 2 months after being given it by doing everything necessary to change its name for the purposes of this Act under section 601DH .
601DJ(3)
If the body or company does not comply with subsection (2) , ASIC may change the body ' s or company ' s name to a name that includes its ARBN by altering the details of the body ' s or company ' s registration to reflect the change.
[ CCH Note: S 601DJ(3) will be amended by No 69 of 2020, s 3, Sch 1[942], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
601DJ(4)
For the purposes of this Act, a change of name under subsection (3) takes effect when ASIC alters the details of the body ' s or foreign company ' s registration.
Note: ASIC must issue a new certificate reflecting the name change (see section 601CU ).
[ CCH Note: S 601DJ(4) will be amended by No 69 of 2020, s 3, Sch 1 [ 943] and [944], by substituting " the Registrar alters " for " ASIC alters " and " The Registrar " for " ASIC " in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]