Name availability and using Company names
Availability of a Name
A name is available to a company unless:
1. Identical – to a name that is reserved or registered under this Act for another body
2. Identical to a name that is held or registered on the Business Names Register in respect of another individual or body who is not the person applying to have the name; or
3. Unacceptable for registration under the legislation
Company’s Name
A company may have as its name:
1. An available name
2. The expression “Australian Company Number” followed by the company’s ACN.
Limited Company
A limited company must have the word “Limited” at the end of its name unless section 150 or 151 applies. A limited proprietary company must have the words “Proprietary Limited” at the end of its name.
Unlimited Proprietary Company
An unlimited proprietary company must have the word “Proprietary” at the end of its name.
A similar rule has to be followed for No liability companies.
Below is the table stating various abbreviations acceptable.
|
Acceptable Abbreviations (Word)
|
Abbreviation
|
|
Company
|
Co.
|
|
Proprietary
|
Pty
|
|
Limited
|
Ltd
|
|
No Liability
|
NL
|
|
Australian
|
Aust
|
|
Number
|
No
|
|
And
|
&
|
|
Australian Company Number
|
ACN
|
|
Australian Business Number
|
ABN
|
Exception to the requirement for using “Limited” in name
A company is not required to have the word “Limited” at the end of its name if:
The company is registered under the Australian Charities and Not-for-profit Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table.
1. The company’s constitution:
a. Prohibits the company paying fees to its directors; and
b. Requires the directors to approve all other payments the company makes to its directors.
2. A company that, in accordance with subsection (1), does not have “Limited” at the end of its name must notify ASIC as soon as practicable if:
a. A company ceases to be registered as mentioned in paragraph (1) (a); or
b. Any of the prohibitions or requirements mentioned in the paragraph
3. An offence based on subsection (2) is an offence of strict liability.
4. Paragraph 157(1)(a) (company must pass special resolution to change name) does not apply to a change of the name of a company to omit the word “Limited” in accordance with this section.
