Business Names Registration Act 2011
[ CCH Note: Pt 4 heading will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 170, by substituting " THE REGISTRAR " for " ASIC " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
If: (a) a business name is registered to an entity that is an individual; and (b) the individual dies; and (c) none of the following has been granted to a person:
(i) probate of the will of the deceased;
(ii) letters of administration of the estate of the deceased;
(d) there are reasonable grounds for concluding that an entity will inherit assets formerly used by the deceased in carrying on a business under the business name;
(iii) any other similar grant; and
the entity may lodge with ASIC notice of that fact.
[ CCH Note: S 40(1) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 194, by substituting " notify the Registrar " for " lodge with ASIC notice " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
40(2)
The notice: (a) must be in the prescribed form; and (b) must be lodged in the prescribed manner.
[ CCH Note: S 40(2) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 195, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . S 40(2) will read:
]
40(2)
The notification must meet any requirements of the data standards.
40(3)
ASIC must register the Business Name to the estate of the deceased.
[ CCH Note: S 40(3) will be repealed by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 196, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
40(4)
ASIC may enter the name of an entity as a notified successor in relation to a business name, and other prescribed details, if the entity lodges notice with ASIC in accordance with subsections (1) and (2) .
[ CCH Note: S 40(4) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 196, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . S 40(4) will read:
]
40(4)
If an entity notifies the Registrar under subsection (1), the Registrar:
(a) must register the business name to the estate of the deceased; and
(b) may record:
(i) the name of the entity as a notified successor; and
(ii) such other information as is required by the data standards.
40(5)
ASIC may refuse to enter the name of an entity as a notified successor in relation to a business name if ASIC is not satisfied that there are reasonable grounds for concluding that the entity will inherit assets formerly used by the deceased in carrying on a business under the business name.
[ CCH Note: S 40(5) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 items 197 and 198, by substituting " The Registrar may refuse to record " for " ASIC may refuse to enter " and " if the Registrar " for " if ASIC " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
40(6)
ASIC must remove the entry for a notified successor in relation to a business name from the Business Names Register if ASIC receives notice in relation to the business name under section 39 .
[ CCH Note: S 40(6) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 199, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . S 40(6) will read:
]
40(6)
The Registrar must delete the record of a notified successor in relation to a business name if the Registrar is notified in relation to the business name under section 39 .
40(7)
If one or more entities is noted on the Business Names Register as a notified successor, ASIC is taken to satisfy an obligation under this Act or the Transitional Act to give notice to the entity to whom the business name is registered if ASIC gives notice to each notified successor.
[ CCH Note: S 40(7) will be substituted by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 199, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) . S 40(7) will read:
]
40(7)
If one or more entities is recorded as a notified successor, the Registrar is taken to satisfy an obligation under this Act or the Transitional Act to notify the entity to whom the business name is registered if the Registrar notifies each notified successor.
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