Business name

Do I need to register a business name?

If you are using your own name – your given name(s) and/or initial(s) followed by your surname – as a business name, it does not have to be registered.

You need to register your business name with the Australian Securities and Investments Commission (ASIC) if:

• you include other words with your name, such as Joan Smith Party Hire or John Smith & Sons
• you are trading under a name that is different from your own name
• you are operating a company (Pty Ltd) and want to trade under a different name to your company name.

A business name (e.g. Acme Trading Services) is different from a company name (e.g. Acme Pty Ltd). A business name is used by consumers to identify the company or persons behind a trading name. A company is a separate legal entity from its directors and shareholders.

You must register your business name with the Australian Securities and Investments Commission (ASIC). You must then adhere to several legal obligations to avoid fines and the possibility of losing the name you trade under.

How to do a business name search

After choosing a natural and fitting name for your business, you must conduct a business name search to ensure it is available and acceptable to register.
The Australian Securities and Investments Commission (ASIC) will check the suitability of your name, but it is good to check it first yourself to avoiding having your application rejected.
You can check if a name is available for registration by searching the ASIC register. The register will compare your name against an index of Australian corporations, businesses and government bodies.

How to register a business name?

Once you have chosen an appropriate name, you can contact the Australian Securities and Investments Commission (ASIC) to:
check that the business name is available
register your business name nationally with ASIC Connect.
In your application, you will need to provide:

• your Australian Business Number (ABN) or ABN application reference number
• your proposed business name and registration period
• the business locations or addresses
• the full names and addresses of all business owners.

Once your business name is registered, you will receive a record of registration effective for 1 year or 3 years, depending on the term you chose on your application. You will also need to meet legal obligations, that may include:

• displaying your business name
• renewing your registration to keep it active
• informing ASIC of any changes to your registered details within 28 days after the change occurs – including if you cease to trade under the business name.

Once you’ve registered your business name you can use ASIC’s business name services to renew your business name, cancel your business name or update your business name and address details.

Renewing your registration

To keep using your business name you need to renew your registration before the expiry date. The minimum registration period is 1 year. A discount is available if you renew for 3 years. If you don’t renew your registration, your business name will be removed from the register and another business will be free to use it. You could then be stopped from using the name you have been trading under.

Changing your details

If you have any changes to business ownership, the names of business owners or your business addresses, you must tell ASIC within 28 days of the change.
If you decide you want to change your business name, or if you have made a spelling error on your application, you will also need to contact ASIC.

Closing your business

If you plan to close your business, you must send ASIC a request to cancel your business name at least 28 days beforehand. ASIC will then notify the business name holder (and any other people recorded in the business names register). This prevents unauthorized attempts to cancel a business name.

Tips for creating a business name

Your business name should accurately reflect your business. It should clearly convey to potential clients the type of products or services you offer.
When you are choosing your business name you should make sure that it is:

• not too long
• easy to pronounce
• easy to spell
• memorable
• not likely to date
• logical
• not offensive
• not misleading.

If you think you might want to trade overseas, you should check the suitability of your business name in other countries.