Business name registration in Australia is essential if you are operating a business and you are not trading under your own name. Business names are registered with ASIC and take effect in all states and territories in Australia.
You can register your business name in Australia for 1 year or for 3 years.
When the order is received Patricia Holdings will lodge the application electronically with ASIC.
We will send you a copy of the lodged application for your records.
ASIC then processes the application and will send a Business Name Registration Certificate and Confirmation to the “Address for Service” address provided on the application form.
If the name is flagged for “manual review” it will take longer to process. ASIC will flag a name for manual review the following reasons:
- It includes words unknown to ASIC
- It contains a restricted word or expression, and/or
- It contains a potentially undesirable word or expression
Pricing is determined by how long you would like to register your business name for.
1 years registration - $102 (inc. GST & ASIC Fee of $35)
3 years registration - $151 (inc. GST & ASIC Fee of $84)
Where do I find the ASIC Electronic Lodgement Protocol (ELP)?
Can Patricia Holdings register a business name for me on my behalf?
You do not need to have set this entity up with Patricia Holdings initially.
Once we receive your order form we will apply for your business name on your behalf. Assuming the name is available; in most cases we are able to confirm the registration of your name on the same day and often in as little as an hour.
For prices, click here
Can I use my existing business name as the name of my new company?
Yes, you can. Whoever owns the business name will need to be either a Director or a shareholder of the new company being incorporated. At the time of incorporation you will need to quote the ABN of the entity that holds the Business Name.
How do I renew my business name?
Renewing a business name can be done directly with ASIC via your ASIC Connect account. If you don’t have an ASIC Connect account you are able to create one at https://asic.gov.au/ by clicking on the blue “ASIC Connect” button.
You must have already received your business name renewal notice in order to renew the business name. Via ASIC Connect you are able to renew the name for either a one or three year period, pay for the renewal and request an invoice.
You can find more information about renewing a business name on the ASIC website
Can I re-register a cancelled business name?
Yes. If ASIC cancel a business name as a result of unpaid renewal fees, you are able to apply to ASIC directly to have the business name re-instated. For 6 months following the cancellation ASIC will not allow anyone else to register the business name.
What is a business name?
A business name is a name, other than its legal name, by which an entity can trade or be recognised.
Once registered, the business name appears on the public register so people can identify the individuals, companies, registered bodies or other organisations that hold the business name.
Do I have to register a business name?
If you choose to operate as a sole trader, partnership or a trust then you will need to register your business name with the Australian Securities & Investments Commission (ASIC) unless you trade under:
- your own individual name; or
- all of the individual names of the partners in a partnership
If you are not sure whether you need to register a business name, or need help to choose the right structure for your business, you may wish to obtain advice from a professional advisor such as a lawyer or accountant.
The obligation to register a business name is entirely separate to any steps that business owners may take to protect any intellectual property rights in a name or brand, such as registering a trademark.
Who can register a business name?
Any entity with an ABN.
This could be:
- an individual (for example, a sole trader)
- an incorporated entity, including an Australian registered company (has an ACN), an Australian registered body (has an ARBN) or other incorporated entity (no ACN or ARBN)
- an unincorporated entity, including a trust, superannuation fund or unincorporated body or association
- a partnership or joint venture partnership, or
- a joint venture.
How long can I register a business name for?
Can I transfer a business name?
Yes, you can transfer a business name from one ABN to another.
You can transfer a business name by logging into or creating an ASIC Connect account by going to ASIC Connect. You will need to start a "cancel/transfer" process which will provide you with a transfer number. This number is then used to register the business name to the new ABN in the same manner as registering a new business name.
Patricia Holdings can transfer the business name for the same cost as registering a business name.
Does a business name give me the exclusive right to use that name?
While having a registered business name will prevent others from registering the same or very similar business name or company name with ASIC, it does not give you ownership of the name or the exclusive right to use the name. Registering a business name:
- does not stop another person from registering a similar name
- will not prevent the name being registered as a trademark
- will not prevent the name being used by someone that has already registered it as a trademark; and
- does not protect you from legal action if the name of your business infringes the intellectual property rights of another (for example, a name which is a registered trademark).
What should I do before applying for a business name?
Check to see if the name is identical or similar to a registered trademark, by using the free IP Australia Trade Mark Check (TM Check).
If you would like to register a domain name in addition to your business name, check to make sure that the domain name you want is available.
Check any state or territory licences you may require to use a name or conduct a particular type of business in your state or territory. For more information go to Business Licence Information Service.
Do I need an ABN number before applying for a business name?
Yes. The individual or entity you are seeking to register a business name for must first have an ABN or an ABN application reference number before they can apply for a business name.
How can I update the details of my business name?
You will need to go to the ASIC Connect website and register yourself as a user and then link your business name to your login using the "Link a Business Name" function on the right hand side of the web page once you have logged in.
Once you have linked your business name to your login just follow the prompts to make any required changes.
Can ASIC send my ASIC key to another party, such as a registered agent?
Yes. You can ask ASIC to send your ASIC Key to your registered agent. You generally need to give your written authority for ASIC to provide your ASIC key to a third party (exceptions are made for large agents).
How can I check whether the business name I want to register is available?
You will be able to check the availability of a new business name by searching the asic name availability register for existing names before progressing with an application for registration of a new business name.
Before registering a business name, you should conduct a trade mark search.
How will ASIC determine if a business name can be registered?
ASIC provides a search function that allows the user to determine whether a business name is available for registration.
You are able to search your proposed names availability here
You will also find information about reviewing an ASIC decision on the link above.
Can I appeal the decision if my proposed business name is rejected?
Yes, you can seek a review of an ASIC decision by lodging your request within 28 days of being notified of the decision. You should submit a copy of your application. If you are still not satisfied with their decision, you may apply to the Administrative Appeals Tribunal for further review.
Will ASIC issue a business name certificate and do I need to display it?
ASIC will issue a record of registration following business name registration and each renewal. You do not need to display the record of registration by law, although you may wish to. You are still required to display the business name.
How to Order
Order by email
- Download Order Form – Business Name Registration