Company names-Commonwealth or federal

Before you can register some company names, you need to apply for ministerial consent. Your application should address the criteria for assessment outlined by Treasury.

• How to apply for consent
• Treasury Guidelines

How to apply for consent

To apply for ministerial consent, you must write a letter asking for consent to use the name. Your application should reference the 'Treasury Guidelines' outlined below and include any other evidence or claims in support of your submission.

The fee for applying for ministerial consent is $1,485.

Once complete, send your application and the fee to:

Australian Securities & Investments Commission
Ministerial Consent Applications
PO Box 4000
Gippsland Mail Centre, VIC 3841

We'll provide a written response to you as soon as a decision has been made.

Treasury Guidelines

Below is an excerpt from Treasury's Guidelines for Ministerial Consent to Body Corporate Names under the Corporations Act 2001. Your application for consent should reference the guidelines under the section 'Words governed by special purpose legislation'.

For a full copy of the guidelines, visit www.treasury.gov.au.

Introduction

Purpose of the guidelines

These guidelines set out the procedures to be followed and the criteria to be applied in considering applications for the Commonwealth Minister’s consent to body corporate names that are otherwise not available for reservation or registration under the Corporations Act 2001 (the Corporations Act). Bodies corporate in this context include companies, foreign companies and registrable Australian bodies. Consent is granted under subsection 147(2) or 601DC(2) for purposes of Parts 2B and 5B of the Corporations Act.

Responsible Commonwealth Ministers

The Commonwealth Ministers who have responsibility for the administration of the Corporations Act are the Commonwealth Treasurer, the Minister for Revenue and Assistant Treasurer, and the Parliamentary Secretary to the Treasurer.

Ministerial Consent

A name that would not otherwise be available is available if the Commonwealth Minister has consented to the name being available under subsections 147(2) and 601DC(2) of the Corporations Act. The Minister’s consent may be given subject to conditions (Corporations Act, subsections 147(3) and 601DC(3)). If a condition for the granting of ministerial consent has been breached, the Australian Securities and Investments Commission may direct the relevant body to change its name under section 158 or 601DJ.

Delegation of Minister’s powers and Direction to the Delegate

The Minister’s powers under subsections 147(2) and 601DC(2) have been delegated to certain senior officers of the Australian Securities and Investments Commission (Corporations Act, subsection 1345A(1A)). The Minister’s delegate is required to have regard to any written guidelines issued by the Minister that are in force (Corporations Act, subsection 1345A(2)). The Guidelines contained in this document are guidelines that have been issued by the Minister.

The overall policy consideration in considering applications

The overall policy consideration in considering applications under subsection 147(2) or 601DC(2) to the use of body corporate names is whether the proposed name would be likely to mislead persons dealing with the body about the nature of the body’s activities.

The following Guidelines outline the policy criteria that will normally be applied in considering applications for consent to proposed body corporate names including specific words or phrases.

However, each application is to be considered on its merits, having regard to the individual circumstances involved.

Review of decisions

Under subsection 1317B(1) of the Corporations Act, decisions made under subsection 147(2) and 601DC(2) of the Corporations Act are reviewable by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.

Words suggesting a connection with Government

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations. Rule 6203(c) provides that for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if the name includes the word ‘Commonwealth’ or ‘Federal’.

However, rule 6205 provides that rule 6203(c) does not apply where the Australian Securities and Investments Commission is satisfied that the word is used in a geographical context.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the words ‘Commonwealth’ or ‘Federal’ in a body corporate name in the following circumstances:

1. where the name as a whole indicates clearly that the body is not connected with the Commonwealth Government;

2. where the applicant is a business enterprise owned by the Commonwealth Government;

3. where the applicant is a business enterprise that is a wholly-owned subsidiary within an existing Australian group that is already using comparable company names, provided that:

   1. the group was using the name in Australia prior to the proclamation of the Companies Act 1981; and

   2. the proposed name varies from an existing group name only by the addition or substitution of a geographical or functional description; or

4. where the applicant is a non-profit organisation that is connected with or receives support from the Commonwealth Government.

Use of the words ‘Commonwealth’ and ‘Federal’ in other names

There is a long-standing arrangement for the relevant State or Territory Minister to consult with the Commonwealth Minister about an application under State and Territory business names legislation or associations incorporation legislation to use the word ‘Commonwealth’ or ‘Federal’ in a business or association name. In considering such applications, the Commonwealth Minister will have regard to the guidelines set out at Attachment C.

ATTACHMENT C:

GUIDELINES FOR THE ASSESSMENT OF APPLICATIONS FOR CONSENT TO THE USE OF THE WORDS ‘COMMONWEALTH’ OR ‘FEDERAL’ IN BUSINESS OR ASSOCIATION NAMES

There is a long-standing arrangement for the States and Territories to consult with the Commonwealth about applications under State and Territory business names legislation or associations incorporation legislation to use the word ‘Commonwealth’ or ‘Federal’ in a business or association name.

Consent will normally be granted to the use of the word ‘Commonwealth’ or ‘Federal’ in business or association names:

1. where the name as a whole indicates clearly that the body is not connected with the Commonwealth Government;
2. where the applicant is a Commonwealth Government business enterprise;
3. here the applicant is a business enterprise that is a wholly-owned subsidiary within an existing Australian group that is already using comparable business an/or company names, provided that:
4. the group was using the name in Australia prior to the proclamation of the Companies Act 1981; and
5. the proposed name varies from an existing group name only by the awhere a new business name is being registered to continue, for goodwill purposes, the name of an existing company which is in the process of being wound up as part of a group restructuring, addition or substitution of a geographical or functional description;
6. where a new business name is being registered to continue, for goodwill purposes, the name of an existing company which is in the process of being wound up as part of a group restructuring;
7. where the applicant is a non-profit organisation which is connected with or receives support from the Commonwealth Government; or
8. where the word is used in a geographical context.