Business name availability

ASIC has developed a new online name availability check to determine whether a business name is available for registration. You can check to see if a business name is available by using the check business name availability search

or by commencing an application to register a business name on ASIC Connect.

We apply 14 automated tests and will respond immediately online as to whether a name is available, not available or requires further manual review by an ASIC staff member.

The new automated tests have been developed in accordance with the Business Names Registration Act 2011, Business Names Registration (Transitional and Consequential) Act 2011 and the Business Names Registration (Availability of Names) Determination 2012.

Although many of the same tests apply to company name availability, additional ‘near-identical’ tests apply to business names.

Online name availability result

When you check the availability of a business name, you will receive one of four results:

Green – the name is available for registration.
Amber – the name may not be available as it has not satisfied all 14 name availability tests. If you would like to register the name, you will need to complete your registration application and it will be referred for review to a staff member. You will then receive a notification from us, generally within two business days, advising whether the name is available for registration.
Red – the name is not available for registration. You will not be able to proceed with a registration application unless you try another name. You will be advised of the reason(s) the name is unavailable.
Amber (transfer) – the name is held for transfer from the current holder to a new holder. This means that the name you entered is currently being cancelled and the current holder has requested a consent to transfer number so the new business owner can apply to register the name. You will be able to continue with the registration only if you provide the consent to transfer number. This number should have been provided to you by the current holder of the business name as part of a transfer agreement or sale of business to you.

See more information about how we assess the availability of a business name.

Requesting a review of our decision

If you are not satisfied with our decision that a business name is not available for registration, you may seek a review of the decision.

To seek a review, you must lodge your request within 28 days of being notified of the decision. You should print or save a copy of our online response.

After we review our original decision, we will notify you of the result. If you are still not satisfied with our decision, you may apply to the Administrative Appeals Tribunal for a review of the decision.

For more information on how to apply for a review, see our Regulatory Guide 235 Registering your business name (RG 235) – Part F What if you disagree with a decision?.

Another party may request a review of our decision

Where a business name has been accepted for registration, a third party may request a review of our decision to register the business name.

The request for review must be lodged within 15 months of the day the business name is registered.

The requesting party will need to demonstrate 'substantial detriment' as a result of the registration of the business name. We will reconsider the registration of the business name and notify relevant parties of the results of the review.

For more information on how to apply for a review, see our Regulatory Guide 235 Registering your business name (RG 235) – Part F What if you disagree with a decision?

ASIC Website: Printed 06/20/2013

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