THE CORPORATIONS LAW

CHAPTER 2B - BASIC FEATURES OF A COMPANY

View history reference
 View history note

PART 2B.6 - NAMES

 View history note

Division 1 - Selecting and using a name

SECTION 147   WHEN A NAME IS AVAILABLE  

View history reference

147(1)  Name is available unless identical or unacceptable.  

A name is available to a company unless the name is:

(a)  identical (under rules set out in the regulations) to a name that is reserved or registered under this Law for another body; or

(b)  identical (under rules set out in the regulations) to a name that is included on the national 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.

 View history note

147(2)  Minister may consent to a name being available to a company.  

The Minister may consent in writing to a name being available to a company even if the name is:

(a)  identical to a name that is reserved or registered under this Law for another body; or

(b)  unacceptable for registration under the regulations.

 View history note

147(3)  (Conditions)  

The Minister's consent may be given subject to conditions.

Note:

If the company breaches a condition, ASIC may direct it to change its name under section 158.

 View history note

147(4)  (Unacceptable name available)  

The regulations may specify that a particular unacceptable name is available to a company if:

(a)  a specified public authority, or an instrumentality or agency of the Crown in right of the Commonwealth, a State or the Capital Territory has consented to the company using or assuming the name; or

(b)  the company is otherwise permitted to use or assume the name by or under:

(i) an Act of the Commonwealth, a State or the Capital Territory; or
(ii) a specified provision of an Act of the Commonwealth, a State or the Capital Territory.

The consent of the authority, instrumentality or agency may be given subject to conditions.

Note:

If the consent is withdrawn, the company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.

 View history note

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.