New Australian business name registration

25 October 2011

The new national business registration service forms part of the Council of Australian Governments' (COAG's) regulatory reform agenda. Business Services partners David Williams and Andrew Nicholson report that this initiative will develop a seamless online registration process for ABNs and business names, including trade mark searching.

ASIC will manage and administer the new national business name registration service which will also deliver online business information services and improve ongoing interactions between government and business.

The new scheme will mean that businesses no longer have to register their business name in every State and Territory they want to trade in. It will replace the current State and Territory systems.

The Business Names Bill was passed by the Queensland parliament this week. There are approximately 40,500 new business names registered in Queensland annually. Currently the Queensland register holds about 261,000 names.

How to register

Businesses will be able to apply to register a national business name online and in most cases receive confirmation of their registration immediately.

A joint online application for an Australian Business Number (ABN) and national business name registration will also be available to streamline the establishment of a new business. The business name and ABN are two of the most common registrations undertaken for business start-ups.

The government believes that the new system will also provide greater certainty. Many businesses, including those operated by individuals and corporations, operate under a trading name that is different from the name of that individual or corporation.

Any business that does not operate under its own entity name will need to register its name and details on the national Register to enable consumers and other businesses to determine the identity of the entity behind the business name and its contact details.

The new scheme is expected to commence on 28 May 2012.

For more information, please contact:

David Williams | Partner                          Andrew Nicholson | Partner
Mullins Lawyers                                         Mullins Lawyers
t +61 7 3224 0270                                      t +61 7 3224 0261
f +61 7 3224 0333                                      f +61 7 3224 0333
dwilliams@mullinslaw.com.au              anicholson@mullinslaw.com.au