How To Change The Name Of My Company

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Irresolute a company name

It's possible to change the proper noun of your registered visitor. However, the new proper noun must be available. This ways that:

the proper name is non identical to a name which is already registered, and
the name is not unacceptable for registration.

Once you've chosen a proper noun, you must laissez passer a special resolution and social club a Form 205 Notification of resolution, giving details of the company's special resolution to change the company proper noun.

The availability of a company name is not guaranteed and a resolution to modify a visitor proper name must exist submitted to us and accepted to secure the proper name.

We'll let you know once the name change is accepted or rejected.

Step 1 - Choose a new proper name
Stride 2 - Pass a special resolution
Step 3 - Lodge a Form 205
Step iv - We accept or reject the new name

Stride 1 - Choose a new proper noun

A new company proper noun must:

not be identical to an existing name held by another entity on our registers
not contain any restricted words (e.g. consumer, bank, ANZAC etc) (unless Ministerial or Public Authorisation consent has been obtained)
non propose a connectedness to government or other organisations where such a connection does not exist; or
non be offensive to members of the public or propose illegal activity.

Earlier applying to change the name, we recommend searching our registers for like names and visiting IP Commonwealth of australia to run across if there are whatever merchandise marks that your proposed name may infringe upon.

Fifty-fifty if nosotros approve a proper name change for a visitor, it doesn't forestall someone from being able to accept legal activity against the visitor if the name infringes on a merchandise mark.

If the name your company wants is already held by you as a business name, you must confirm that you're the owner of the business name.

If there are any identical names already on the register (which could take been registered in different states or territories as part of the old legislation), you won't be able to use it every bit your company proper name, fifty-fifty if you lot own one of the identical business organisation names.

When the business organization name holder is...	the name is available if…
an individual	that individual is a electric current company director or member
a company	information technology is the visitor itself which is changing its name

A trust or partnership cannot be a director or member of a company. If the identical business organisation name is held by a trust or a partnership, the name is not available to the company. You will need to transfer buying of the business name to the company or an individual that is a current director or member of the company if you want to utilise it.

Reserving a name

If y'all've constitute a proper noun you similar but aren't ready to apply it, you can apply to reserve it by lodging a Form 410 Awarding for a reservation of a proper name.

If nosotros approve your application, we volition reserve the name for two months. If you lot wish to extend this period, you'll need to submit some other Class 410 to apply to extend the name reservation.

We volition not reserve a proper noun indefinitely as this may prevent other people from using the name to behave business.

Step 2 - Pass a special resolution

A company must convene a meeting of its members and pass a special resolution to modify its proper noun.

Unlisted companies must give at least 21 days' notice of the meeting to its members. Listed companies must give at to the lowest degree 28 days' find. Shorter notice can be given if members with at least 95% of the votes agree beforehand.

The special resolution must be passed past at least 75% of votes bandage.

Step 3 - Apply to modify the name

Once you lot've confirmed your name is bachelor and you've passed a special resolution, club a Course 205 Notification of a resolution (including a copy of the passed special resolution) and pay the required fee.

Make sure the course is lodged within xiv days of the resolution being passed. Otherwise, late fees will apply.

Ensure that you've entered the name correctly and there are no typographical errors in your application; once it's approved, we cannot update the name. You will need to laissez passer another special resolution and lodge another Form 205.

Footstep 4 - We accept or reject the name

If we accept the name change, nosotros'll send a certificate of registration to your online services inbox (if yous lodged the Class 205 online) or by postal service to the company's registered part address.

If we refuse the proper name alter, we'll write to you and explain why. We can apply the lodgement fee you've already paid to another Form 205, or refund it on asking.