ASIC receives reports about businesses:
- carrying on a business under an unregistered business name
Generally, an entity must register if it is 'carrying on' business in Australia, by conducting an activity, or series of activities:
- in the form of a profession, a trade, employment, a vocation or a calling
- in the form of an adventure or concern in the nature of trade, or
- on a regular or continuous basis, in the form of a lease, licence or other grant of an interest in property.
If the entity is not entitled to an Australian Business Number (ABN) (e.g. a private recreational pursuit or hobby, or as an employee), then they will not be carrying on a business for the purposes of the Business Names Registration Act 2011.
For information on dealing with unregistered business names, read Unregistered business names (INFO 200).
- not including their business names in written communications
In your report to ASIC, please list the documents you have that do not have the business's name.
- not displaying their business names at places open to the public
In your report to ASIC, please give details of the addresses open to the public.
To find out what to do if you have a dispute with a business because they have not displayed their business name, read Failure to display a business name (INFO 201).
- carrying on a business under a business name while disqualified
If there is evidence that a business has acted illegally we may consider taking action: