A company can either have as its name a distinctive name or only the expression “Australian Company Number” followed by company’s ACN. A company can only have a distinctive name that is “available” within the meaning of the Corporations Act 2001 (Cth) (“Corporations Act”).
It is possible to reserve the proposed name for a new company before it is registered. However, it is not possible to reserve a name indefinitely.
Generally, for each type of company there are certain words or abbreviations that the company’s name must end with (for example, Pty Ltd). Further, a company must display its name on certain documents and at certain premises.
Registration of a name under the Corporations Act does not create a proprietary interest in the name nor does it create an absolute right to use the name. Further, by registering a particular name the company might be infringing on another person’s intellectual property rights. Appropriate steps should be taken to prevent this and, if appropriate, to protect the company’s name once registered.
To change its name a company must, among other things, pass a special resolution. However, the change of name takes effect when the Australian Securities & Investments Commission (ASIC) updates the company’s registration details — it does not take effect when the special resolution is passed.
If a company carries on business under a name which is different to the name of the company, the company must register the business name under ASIC’s online Business names register.
See Company Names.