The Office of Regulatory Services is responsible for the registration of business names in the A.C.T. and maintaining the business names register.
In July 2009 all States and Territories endorsed moving towards a single, national business names registration scheme. The Business Names Registrations (Transition to Commonwealth) ACT 2012 (the Act) was passed by the A.C.T. Legislative Assembly on 16 February 2012.
The Act proposes the repeal of the Business Names Act 1963 and puts in place transitional provisions to enable the transfer of the A.C.T. business names registration function to the Commonwealth.
It is anticipated that the transfer will occur on 28 May 2012 (dependent on the passage of legislation through the state parliaments).
When the transfer of this function occurs, business names registered in the A.C.T. will automatically be registered under the national system with the Australian Securities and Investments Commission (ASIC) and they will continue in force until they would have expired in the A.C.T. As part of the transition to the national registration system the Office of Regulatory Services (ORS) will provide the ASIC with the details of the A.C.T. business names register. A.C.T. businesses will continue to be able to register their business name through the ORS until the transfer of this role to the Commonwealth.
Further information on the transfer of business names to Commonwealth is available on the ASIC business names service website.
Before you commence carrying on business in the A.C.T. under a name other than your own personal name you should register your business name. You may apply to register your business name by completing a Paticulars of Business Name and by paying the prescribed fee.
You should not start using or arrange any printing, advertising, signage or other business materials under the proposed name until advised that it has been registered.
The availability of a business name for registration is assessed according to whether the name is desirable or not. This includes, but is not limited to, the similarity with other registered business names, company names, and whether the name contains any restricted words or phrase. For further information concerning whether a name is desirable or not you may refer to the Business Names Practice Manual.
You may apply to register your business name by completing a Particulars of Business Name and by paying the prescribed fee.
Where you have changed any of the details concerning a registered business name you must, within 14 days of the date of the change, lodge a completed Particulars of Business Name and pay the prescribed fee.
Where you have ceased operating under a registered business name you must, with 14 days of the date of the cessation, lodge a completed Cessation of Business Name. There is no fee to cease a business name registration.
Applications to register a business name will be assessed within 20 minutes over the counter. Applications made by post or email will be assessed in 2 working days, however you should allow time for postage to receive your certificate.
You may search the Australian Securities and Investments Commission (ASIC) website for all company names and State and Territory business names at the National Names Index.
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