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CORPORATIONS ACT 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.6 - NAMES  

Division 1 - Selecting and using a name  

SECTION 147  WHEN A NAME IS AVAILABLE  

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 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
 View history reference


(c) unacceptable for registration under the regulations.

[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 (which was 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.

]

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 Act for another body; or


(b) unacceptable for registration under the regulations.

147(3)  

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.

147(4)  

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 an internal 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 an internal Territory; or

(ii) 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 company ceases to be permitted or the company breaches a condition, ASIC may direct it to change its name under section 158.

147(5)  

(Repealed by No 127 of 2011, s 3, Sch 2, Pt 1[17] (effective 20 April 2012).)

[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 (which was 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.

]

 



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