Guidelines for the use in business names of the words ‘Executor’ and ‘Fiduciary’
‘Executor’ and ‘Fiduciary’ are restricted words under Part 1 of Schedule 2 of the Names Determination.
Criteria for the Assessment of Applications
Applicants seeking Ministerial consent to the use in a proposed business name of the word ‘Executor’ or ‘Fiduciary’, or a word having a similar meaning, will need to demonstrate:
(a) the applicant is authorised by State or Territory legislation to act as an executor or administrator of estates or as a fiduciary
(b) the applicant is a foreign company under the Corporations Act 2001 and authorised by legislation of its place of incorporation to act as an executor or administrator of estates or as a fiduciary
(c) the applicant is a foreign company under the Corporations Act 2001 and its name is so well known in its place of origin that it would be inequitable to refuse it registration
(d) it is clear from the context in which the words are used in a business name that there is no suggestion that the business is or will be acting as an executor or administrator of estates, or acting as a fiduciary or providing fiduciary services.
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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. |