You can register a Company using an existing business name provided the owner of the business name is involved in the proposed Company as either an officer or member. Simply select ‘Yes’ to the question on our order form that asks whether the proposed Company name is identical to an existing business name and provide us with the ABN of the entity that owns the name.
The exact requirements will depend on the type of entity that owns the business name – the most common are below:
If the business name is registered to the ABN of a sole trader, that individual will simply need to be an officer or member of the proposed Company.
The business name owning company must be a member of the proposed Company (regardless of whether the directors of each company will be the same).
If the business name is registered to the ABN of a trust, we will require a copy of the trust deed as ASIC will need to view it in order to prove who the trustee of the trust is, and confirm that the trustee is involved in the proposed Company.
If the business name is owned by a partnership, each member of the partnership must be involved in the proposed Company.