Register a business name

Choosing a business name

All businesses in Australia trade under a name. You must choose and register a business name unless you are:

• operating as an individual sole trader

  A sole trader is a person who runs a business alone, rather than as a company or partnership. The business is not a separate legal entity from its owner. The owner is personally liable for the activities of the business, including all its debts.

  under your first name and surname
• operating in a partnership

  A partnership is a business structure where 2 or more partners own the business and make decisions together. The partners may be individuals or business entities.

  under all partners’ personal names
• a registered Australian company

  A company is a legal entity that is separate from the people who own and run it. A company must be registered with ASIC under the Corporations Act 2001. It has the same legal rights as a natural person. For example, it can get into debt, sue and be sued. Companies are owned by members (shareholders) and have officers who make key decisions.

  and your operating name is the same as the company's name.

Learn more about these business structures and see examples: Sole trader? Partnership? Company? Trust?

If you are operating under your own name, you must use your first name and surname and nothing else.

For example, John Smith would not need to register 'John Smith' but would need to register the business name 'John Smith Gardening or ‘John Smith & Co’. Partners Peter Nguyen and Helen Lee would not need to register ‘Peter Nguyen and Helen Lee’ but would need to register ‘Nguyen & Lee Plumbing’.

Name availability

You can check if your proposed business name is available on the business names register. Select ‘check business name availability’ in the drop-down menu. The ‘traffic light’ system displays the name’s status:

• green – the name is available
• amber – we need to assess the name after you apply
• red – the name is unavailable.

If you get an amber or red result, this may be because the name is identical or nearly identical to another registered name, or does not meet other requirements.

See the rules for acceptable business names.

An amber result might also be because the word is ‘unknown’ to our systems. This may include words that are made up, words that have an unusual spelling, or words that are joined together. The name will be put in a queue for a manual assessment.

Other laws about business names

There are other laws that might relate to your business name. For example, some state and territory laws limit the use of industry and professional terms.

If you register a business name that could breach another law, the responsible body may:

• advise you that you cannot use your registered business name
• take action against you.

ASIC will not refund the cost of registering the business name in these cases.

People who cannot hold a business name

You cannot hold a business name if you’ve been convicted of certain types of criminal offences or been disqualified from managing corporations. See more about people who cannot hold a business name.

Australian Business Number (ABN)

To register a business name via ASIC Connect, you must have:

• an Australian Business Number (ABN)

  An Australian Business Number (ABN) is a unique 11-digit number issued to a business. It helps the government and community identify the business.

• an ABN reference number if you are applying for an ABN.

Or you can apply for an ABN and register a business name at the same time using the Business Registration Service.

You can also apply separately for an ABN through the Australian Business Register. If you apply this way, you will get an ABN reference number while the application is being processed.

Apply for an ABN using the Australian Business Register

If you are registering a business name as a joint venture, you must put each partner’s ABN on the application.

Contact details you need to provide

You must include certain contact details when you register. We use these to send you documents or contact you, and the public may search the register for your address.

People who can register a business name on your behalf

You can allow someone else to register your business name on your behalf. This is a private arrangement between you and the other person – ASIC is not involved.

Authorised lodger

You can choose an accountant, solicitor, friend or family member as the person you give permission to. This person is called an ‘authorised lodger’. The authorised lodger can create their own ASIC Connect account or submit the application on your behalf.

Protecting your business name

Registering a business/company name protects you from another business using an identical or nearly identical name.

However it does not:

• stop other people from using similar words or expressions in their business name
• protect you against legal action if you use someone else's trade mark

  A trade mark is a type of intellectual property (IP) right that differentiates a business’s unique brand, products or services from other competitors in the market. You can register a trade mark for things like words, logos, shapes and images.

  .

To protect your business/company name, you can consider registering a trade mark yourself. You should also search existing trade marks to make sure you are not using someone else's.

Read more about business names v trade marks.

Fees for registering a business name

There is a fee to register a business name. The current fees are:

• application to register a business name for 1 year: $45
• application to register a business name for 3 years: $104

Where to register a business name

You can register a business name on ASIC Connect.

ASIC Connect

If you already have an ABN or an ABN reference number, you can apply for a business name through ASIC’s online system ASIC Connect.

ASIC Connect

See the step-by-step guide to registering a business name on ASIC Connect:

How to register a business name with ASIC

After registering a business name

Using your business name

You must display your business name prominently wherever the business is open to the public – such as your storefront. You do not need to display a certificate of registration of a business name.

You can display your business name in capital letters, lower case letters, or a combination. You do not have to follow the way it is formatted in the register.

You must include your registered business name and ABN on business documents such as invoices and purchase orders.

Keeping your details up to date

You must tell us about changes to your details, usually within 28 days.

Change business name details