Guidelines for the use in business names of the words 'Charity' and 'Charitable'
'Charity' and 'charitable' are restricted words under Part 1 of Schedule 2 of the Names Determination.
'Charity' and 'charitable' are defined in the Charities Act 2013. An entity (which is not an individual, a political party or a government entity) is a charity if the entity is a not-for-profit entity and the purposes of the entity are charitable purposes for the public benefit.
Any of the following purposes are charitable purposes - advancing health, advancing education, advancing social or public welfare, advancing religion, advancing culture, promoting reconciliation, mutual respect and tolerance between groups of individuals that are in Australia, promoting or protecting human rights, advancing the security or safety of Australia or the Australian public, preventing or relieving the suffering of animals, advancing the natural environment.
Criteria for the assessment of applications
Applicants seeking Ministerial consent to the use of the word 'charity' or 'charitable' in a proposed business name will need to demonstrate:
(a) the applicant is a charity. This may be demonstrated by reference to the applicant's governing rules, its activities, registration with the Australian Charities and Not-for-profits Commission (ACNC) and other documentation
(b) the applicant is endorsed by a charity and the context in which the word 'charity' or 'charitable' is used in the name is not likely to mislead members of the public about the nature of the entity's activities
(c) the context in which the word 'charity' or 'charitable' is used in the name is not likely to mislead members of the public into believing that the entity is a charity or is connected with a charity.
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Further links |
Description |
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This Act details the legislative framework for business names in Australia. |
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Business Names Registration (Availability of Names) Determination 2015
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This Determination provides the rules for determining whether proposed business names are identical or nearly identical, restricted words and expressions, and the kinds of names that are undesirable. |