Guidelines for the use in business names of the words 'Trust' and 'Trustee'

'Trust' and 'trustee' 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 of the word ‘Trust’ or ‘Trustee’, or words having a similar meaning, in a proposed business name, will need to demonstrate:

(a) the applicant is authorised by Commonwealth, State or Territory trustee legislation to act as an executor or administrator of estates

(b) the applicant is authorised by special purpose legislation to perform trustee functions (e.g. the Uniting Church in Australia (Australian Capital Territory) Property Trust, a body corporate established under the Uniting Church in Australia Ordinance 1977)

(c) the applicant is an administrator of a public or charitable trust i.e. a trust for the advancement of education, religion, the relief of poverty or other purposes beneficial to the community

(d) the applicant is a trustee of a trust or a superannuation fund. This may be demonstrated by reference to trust deeds, registration with APRA and other documentation

(e) the applicant is a foreign company and its name is so well known in its place of origin (whether generally or within a particular industry) that it would be inequitable to refuse it registration

(f) the context in which the word 'trust' or 'trustee' is used in the name is not likely to mislead members of the public about the nature of the entity or that the entity is authorised to act as an executor or administrator of estates or trusts.

Further links


Business Names Registration Act 2011

This Act details the legislative framework for business names in Australia.

Business Names Registration (Availability of Names) Determination 2015


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.

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Last updated: 30/04/2014 12:00