International Solutions and Support
As international businesses look to establish a presence in Australia, it's important to understand the available options. Two primary approaches are:
- registering as a foreign company with ASIC or
- setting up a new Australian subsidiary.
Each path has its own advantages and requirements. Registering as a foreign company allows direct control over Australian operations with less administrative burden. However, it requires the lodgement of annual financial statements with ASIC and the maintenance of a registered office in Australia. Setting up an Australian subsidiary company offers limited liability as a separate legal entity and may be viewed more favourably by local clients. The key requirement is having at least one Australian resident director.
Patricia Holdings offers comprehensive services to assist with both options, ensuring a smooth entry into the Australian market.
We have the following services available:
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A foreign company is an existing company formed in another country that can be registered in Australia. This allows them to carry on business in Australia. Patricia Holdings provides essential services to help you navigate the process.
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Patricia Holdings simplifies this process with our expert ABN (Australian Business Number) and GST (Goods and Services Tax) registration services, specifically tailored for foreign entities.
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Australian Office Address
fromAUD$330 per year
(INCL GST)A registered foreign company is required to maintain a registered office address in Australia. Patricia Holdings provides a high-quality Registered Office Address Service to help foreign entities meet this compliance obligation seamlessly.
Business Name Search
Business Name Search
It is important before registering a business name that you check the availability of the proposed name on the business name register. Luckily, this step in the process is really simple and can be completed online in only a matter of seconds.
How will ASIC determine the availability of a business name?
When checking the availability of a business name, ASIC:
- disregards “a”, “an” or “the” from the beginning of the name
- removes plural form
- omits punctuation marks and spaces
- ignores the legal elements; and
- treats words with the same meaning as an identical form of that word (e.g. company, coy and co are considered the same)
There are also a number of words and expressions that are restricted for use for business name registration. In order to use these words or expressions in your business name, the applicant will need to apply for ministerial consent and pay an application fee. You can view these words and expressions on the ASIC website.
What will happen if my name is not available but I lodge the application to register a business name anyway?
If your proposed business name is too similar to an existing business name or company name on the ASIC register, ASIC will reject your application for registration.
What about Trademark and Domain Name availability?
It is important to note that when registering a business name the ASIC business name search tool does not search the Trademark or Domain Name registers. It is advisable before choosing your business name that you independently search these registers.
Order by Email
Once you’ve downloaded the appropriate form, please email to This email address is being protected from spambots. You need JavaScript enabled to view it.
Company Incorporations
Proprietary Company Order Form
Please download this form for Standard Proprietary Company, Superannuation Trustee Company and Not-for-profit Pty Ltd Company.
Home Unit Company (Company Title Property) Order Form
Limited by Guarantee Company Order Form
Unlisted Public Company Limited By Shares Order Form
Registered Office Address Service
Trust Deeds
Discretionary Trust Deed Order Form
Please download this form for Single and Multi Class Unit Trusts, Fixed Unit Trusts & Hybrid Unit Trusts.
Superannuation Trust Deed Order Form
Superannuation Trust Deed Amendment Order Form
Superannuation Trust Deed Replacement Order Form
Child Maintenance Trust Deed Order Form
Charitable Trust Deed Order Form
Please download this form for Public & Private Funds.
Deed of Confirmation of Discretionary Trust Order Form
Deed of Confirmation of Unit Trust Deed Order Form
Asset Acquisition Trust Deed Order Form
Asset Acquisition Trust (non SMSF)
Business Name Registration
Business Name Registration Form (Personal, Trust & Company)
Company Secretarial
Change of Company Name Order Form
Application for Voluntary Company Deregistration
Name Reservation Withdrawal Letter Template
Reconstruction of a Lost Company Register Order Form
Adoption of new Constitution Order Form
Adoption of new Home Unit Constitution Order Form
Convert to or from Superannuation Trustee Company Order Form
Convert to Sole Person Company Order Form
Convert to or from Home Unit Company Order Form
Convert to or from Not-For-Profit Pty Ltd Company Order Form
Convert to or from Unlisted Public Company Limited By Shares Order Form
Company Secretarial Order Form
Select this form for Share Transfer, Share Issue, Changes to Directors / Secretaries and Addresses.
Director ID Assistance Order Form
Trust Secretarial
Basic Changes to Trust Details
Conversion of units in Unit Trust Order Form
Issue of units in Unit Trust Order Form
Transfer of units in Unit Trust Order Form
Change of Appointor Order Form
Foreign Beneficiary Exclusion Order Form
Beneficiary Denunciation Order Form
Beneficiary Renunciation Order Form
Commutation Docs - Superannuation Trust Deed
Superannuation Trust Deed - Add a Member
Superannuation Trust Deed - Remove a Member
Searches
Company Search & Certificate Order Form
Business Name Search Order Form
Stationery
Credit Card Payment
Exporting to MYOB or QuickBooks
If you are using MYOB AccountRight or Intuit QuickBooks, you can now export your new company details from your Patricia Holdings account into a spreadsheet format that can then be directly imported into either software.
These exports will enable you to avoid the need to manually rekey all the details into your accounting software, instead setting up a new client record for you, including up to 5 Director/Member names.
How to export your Company Details:
You will need to sign in to your Patricia Holdings account.
If you do not have an account, you can create an account for free here.
To export your records, simply select the relevant company details you wish to export by using the tick box, then select “Export to MYOB” or “Export to QuickBooks”. It is as simple as that!
A file will be produced that can then be used as an import file to either MYOB or QuickBooks, saving you the time in rekeying the data.
Can you export multiple records?
Yes you can! Using the tick boxes next to each company name, select the number of records you want to export and follow the same process.
What details will be exported?
The following company registration details will be exported:
- Company name
- Company address
- First director's name
- Additional Director and/or member names – up to a maximum of 5 as limited by the accounting software
Legal Forms
Company Legal Forms & Documents
Please note that Corporations Legislation requires companies to maintain written consents and agreements of its officeholders and members as part of its record keeping responsibilities.
You can print off consent templates here. Please ensure these are completed prior to incorporating your company and keep them for filing in your company register. You do not need to provide these to us.
Consent to act as Member - Company Member
Consent to act as Member - Individual Member
Reconstruction of a Lost Company Register
Reconstruction of a Company Register (for companies incorporated after 2001)
If you have lost all the documents relating to your company, we can prepare the necessary documents for you to reconstruct and/or compile your Company Register. This includes issuing a constitution and obtaining a copy of your Certificate of Incorporation.
Australian Corporations Law requires that companies maintain an up to date Register. Patricia Holdings can reconstruct a Company Register to reflect changes to the company lodged with ASIC from the date of incorporation in order to bring it up to date. We produce all the required minutes, resolutions and consents, and provide up to date registers of Directors, Secretaries and Members. As standard, a reconstructions also includes a new constitution for the company with the necessary adoption documentation.
Once complete, your reconstructed Register will be delivered to you in one of Patricia Holdings’ Company Folders.
What's included?
- A4 Company binder
- ASIC Certificate of Registration
- Company Constitution - 1 bound and 1 hole punched copy
- Members resolutions as required
- Directors resolutions as required
- Allotment journal
- Up to date Register of Directors, Secretaries & Members including Consents to Act and resignations
- Share Certificates
- Copies of all documents lodged with ASIC
How long does the Reconstruction of a Company Register take?
This depends on the age of the company, how many changes have been made in the company and the complexity of those changes. Patricia Holdings staff will contact you upon receipt of the order and advise an expected timeframe and prepare a quote for you.
Upon completion, documents will be delivered by courier.
How much does the Reconstruction of a Company Register cost?
A reconstruction to bring the Company Register up to date depends on the number of Forms lodged with ASIC and their complexity. Patricia Holdings can provide you with an accurate, obligation free quote for your consideration.
If you have recently registered your company without having made any changes but did not receive a Company Register from the provider you registered through, please visit our Company Register Pack page.
If you would like to discuss your needs with us please contact us on 02 9953 2399 or at This email address is being protected from spambots. You need JavaScript enabled to view it.
ABN TFN GST PAYG Registration
Overview
ABN registration online is easy with us. Our service includes ABN application , TFN, GST and PAYG registration all in one simple form. Most new company or trust set up must register ABN and/or TFN. Many entities must also register for GST and PAYG.
An Australian Business Number (ABN) is a unique identifier issued by the Australian Business Register (ABR) that identifies your business to the government and community. A Tax File Number (TFN) is a unique reference number issued by the Australian Taxation Office (ATO) to each taxpaying individual or entity that facilitates tax and income tracking. To put it simply, if your entity plans to:
- Register a business; you will need to apply for ABN.
- Make any income; you will need to apply for TFN.
- Turnover more than $74,999 per year; you will need to register for GST.
- Pay employees; you will need to register for PAYG.
At Patricia Holdings, we’re big believers in working smarter, not harder. Let us help you to apply for an ABN online in a few easy steps so you can spend time on the tasks that really matter.
If you’ve set up your company or trust through our online platform, you can even copy most of the data straight into our online order form to save you time rekeying the information. At the same online registration form for ABN and TFN, we can also register GST and/or PAYG for your company or trust at no extra charge – that’s four applications at one low fee!
Most importantly though, as an experienced government agency, we will properly populate your company's information into the ABR application form after checking all the business details to ensure a smooth ABN application process. Before the final submission to the ABR, our team member will ensure any problems with your application are identified early on saving you time, and possibly money, correcting them down the road.
Didn’t set up your company or trust through us? Simply click the order button below and let our online service help you complete your Tax registrations by getting an ABN, TFN, GST and PAYG in a timely manner.
Once we have lodged the application(s) with the ABR, you will receive an email from one of our friendly staff with a copy of the application form and a summary of the submitted information. We will provide you with an ABN (or reference number if the ABN has not yet been granted – as is often the case when non-residents are involved in the entity), instructions on what to expect from the ATO and how to proceed if there is any further steps required. The ATO will then send you details about your ABN, TFN, PAYG and GST registrations within 28 days.
You can complete an ABN search on ABN Lookup once the ABN is granted for your company or trust. You can also refer to this website to check for Business names held under a certain ABN.
We are specialised in company ABN, trust ABN and can help with any questions you might have about ABN and Business Name registration.
Pricing
$220 (inc. GST)
This price includes ABN registration and registering for TFN, GST and PAYG for company and trust.
Patricia Holdings completes the application on your behalf and applies substantial experience to aim to get you your ABN in the quickest possible time. If we notice something missing, we will contact you. We aim to give you the best chance at getting your ABN on the spot.
ABN/TFN/GST/PAYG Registration FAQs
What is an ABN?
An Australian Business Number (ABN) is a unique 11 digit number that identifies your business to the government and community. The ABN is provided by the Australian Business Register (ABR).
The ABN does not replace the tax file number.
Is the ABN the same as an ACN?
No. The Australian Company Number (ACN) is a nine-digit number issued by the Australian Securities and Investments Commission (ASIC). It is a unique identifier purely for companies, unlike an ABN which is issued to all entities conducting a business.
What are the benefits of getting an ABN?
There are multiple benefits to having an ABN. For example:
- Payment – if included on your invoices, your clients will not be required to deduct PAYG withholding tax of 47%.
- Authority – it provides clients with the confirmation that yours is an established business
- GST Registration – if you want or need to register for GST then an ABN is required.
- Banking – you will need an ABN to open a business bank account
How do I apply for an ABN?
Patricia Holdings can assist you with applying for an ABN. Simply complete our online form, providing all the necessary details and we will handle the rest!
When you order your company or trust from us and also want an ABN or TFN, our online system auto-completes the application with information from your company or trust to save you time re-typing the same information. You can even use our online system to apply for an ABN or TFN if you didn’t order your company or trust from us. Most importantly, an experienced Patricia Holdings staff member will review your application prior to its final submission to the Australian Taxation Office, ensuring any problems with your application are identified early on saving you time and money correcting them later.
How long does the ABN registration take?
Provided you have given us all of the relevant information and the ABR has not flagged any information as needing review, Patricia Holdings are able to have your ABN to you immediately after lodging the application.
If information is missing or the ABR is not able to verify it, there will be a delay as your application will be processed manually which can take up to 28 days.
Only when an ABN has been issued by the ABR will the public details about the ABN become available on the ABN Lookup.
How can I track the progress of my ABN application?
If your ABN is deemed as requiring a manual review, the ABR will be in touch with you within 28 days. However we advise contacting the ABR directly to follow up with your application.
We can also communicate with the ABR on your behalf to find out what further information is needed but they usually prefer to resolve the issues over the phone with the authorised contacts of the business, which also helps to expedite the ABN granting process.
Can I use an existing ABN for my new company?
No. The ABN is a unique identifier for every business. The new company must register for a new ABN.
Can I use the same ABN for more than one business?
Yes you can conduct any number of activities/businesses under the same ABN provided that they are all operating under the same business structure.
If your second or subsequent businesses operate under a different structure, you will need to apply for separate ABNs for each new business structure.
Do I get my ABN at the same time as my ACN?
Unfortunately no, our system is not currently integrated to run both applications concurrently. To get an ACN, our system needs to speak with ASIC, whereas to get an ABN, we have to apply to the ABR, a separate government entity.
Do I need to provide the TFN’s of the individuals involved in the company that I am trying to register an ABN for?
Providing the Tax File Numbers (TFNs) for associate individuals and/or organisations of the company currently applying for an ABN is a way to expedite the process, however the ABR does not require the TFN’s to validate a person’s identity. In some circumstances, their address will suffice if it is the same address currently listed on their TFN documents. In our experience however, if an associate individual or organisation does not provide their TFN, or their details don’t match TFN documents, we have found that an ABN will either be refused at the time of submitting the application or the company can face delays in getting their ABN - sometimes up to 28 days. It is for this reason, while it is not mandatory, we do strongly suggest providing the TFNs.
What happens if an associated individual or organisation is a foreign person or entity?
For ABN applications that include associated foreign persons or organisations, there can be significant delays from the ABR's end in obtaining the ABN.
The only way to verify a foreign person’s identity is to have copies of their identification documents certified by a Notary Public of their country of residence posted to the ABR - they cannot be scanned and emailed. The certification must be pen to paper. To certify a foreign organisation, the ABR requires their country's equivalent of ASIC's Certificate of Registration posted to them. Along with these documents, the company applying for the ABN will also need to include a statement of business activities that the ABR can review.
Once this package is received by the ABR, they will be able to verify the foreign entities identity and as such, provide the ABN.
What information will you need from me?
We will need information regarding:
ABN/TFN Registration:
- Details of the entity including name and contact details
- The business’ general activities
- Authorised contact details (these are the individuals who are permitted to liaise with the ATO on behalf of the entity)
- Associate details (these are the individuals and organisations who play a role in the entity)
- Associate Individuals
- Legal name
- Date of birth
- Position(s)
- TFN or residential address - Associate Organisations:
- Legal name
- ACN, ARBN or ABN if applicable
- TFN or address and date of registration
- Associate Individuals
GST Registration:
- Estimated annual sales turnover
- Desired GST reporting period (monthly, quarterly or annually)
NB not all options are available to all entities.
PAYG Registration:
- Estimated number of employees (including directors receiving a salary)
- Estimated amount of income tax to be withheld
When do I need to register for a TFN?
Any entity that plans to make an income will need to register for a TFN. If you are unsure, we suggest seeking professional legal or financial advice prior to lodging your application.
What is a TFN?
A tax file number (TFN) is a unique identifier issued by the Australian Taxation Office (ATO) to each taxpaying entity – individuals, companies, SMSFs, partnerships and trusts. TFNs were initially introduced to facilitate file tracking at the ATO but have since been expanded to encompass income and other data matching. They are a 9 digit number and may only be recorded or used specifically for authorised tax-related purposes.
What does it mean if the Company intends to account for GST on a cash basis?
There are two methods of accounting for GST – cash and accrual.
Accounting for GST on a cash basis means you account for GST in the period that you receive the money or make the payment. You can only use the cash accounting method if you are a small business entity earning an aggregated turnover of less than $10 million, are not carrying on a business but your turnover is $2 million or less, account for income tax on a cash basis and/or you run a kind of enterprise that the ATO has agreed can account for GST on a cash basis regardless of turnover.
The alternative accounting method, accrual accounting, means that you account for GST during the period that you issued the invoice or were billed, regardless of whether payment has been received or made.
When do I need to register for GST?
If your entity’s turnover is $75,000 or greater per year (or $150,000 for non-profit organisations), or you provide taxi travel including ride-sourcing, you will need to register for GST.
If you earn less than the GST threshold, you may also apply voluntarily. Many businesses do this to take advantage of the GST credits available.
What is GST?
Goods and Services Tax (GST) is a broad-based tax of 10% on most goods, services and other items sold or consumed in Australia. Entities registered for GST will include GST in the price they charge which is to be remitted to the ATO on a periodic basis, and claim credits from the ATO for the GST they have paid for goods and services they buy.
When do I need to register for PAYG?
If your entity plans to pay salaries and wages (including to Directors), you will need to register for PAYG.
What is PAYG?
Employers have a role to play in helping their employees meet their end of year tax liabilities. This is done by collecting Pay As You Go (PAYG) withholding amounts from payments in the form of salaries and wages. The withheld amounts are remitted by the employer directly to the ATO.
Get your ABN now to start your business
Let our friendly team take the stress out of you on this ABN registration process. Click on the button below to get an ABN now for your company and trust. Remember that TFN, GST and PAYG registrations are also on the same form.
Resident Director Services Australia
Resident Director Services for a new Australian Company
Resident Director Services for foreign companies offshore. Australian Resident Directors are a requirement if you're looking to enter the Australian market and setup a company in Australia. Corporations Law requires that you appoint one or more local Directors. This can be a big obstacle if you’re new to this market with few local business contacts.
We have partners that offer Resident Director Services in Australia to help get your new company registered.
Please let us know your details below and we will be in touch. Once you have confirmed your Resident Director(s), visit us again to register your new company. Any questions simply contact our support team.
Why do I need Australian Resident Directors?
It is a requirement under Corporations Law that a company registered in Australia is to have a certain number of Australian Residents as Directors.
How many Australian Resident Directors do I need?
For private companies (Pty Ltd), you will need at least 1 Resident Director. For public companies (Ltd), you will need at least 3 Directors in total of which at least 2 will be need to be Resident Directors.
How do I add the newly appointed Directors to my company?
We can guide you through the process of registering a company, or making changes to your existing company, once you have Resident Directors appointed.
What happens when I appoint other Directors and Officers?
Once you're operating in Australia, and no longer require Resident Director Services, we can process these changes for you to ensure ongoing accuracy and compliance with the government regulators.
How much does the Australian Resident Director Service cost?
Resident Director Services provided by our partners are charged from AUD$6,250+GST per annum. Other providers may quote different pricing based on your circumstances and their offerings.
How long does this take to setup?
Under normal circumstances, this process will take about a week depending on the information that may be required.
Business Name Registration Australia
Overview
Business name registration in Australia is essential if you are operating a business and you are not trading under your own name. Business names are registered with ASIC and take effect in all states and territories in Australia.
You can register your business name in Australia for 1 year or for 3 years.
What's included?
When the order is received Patricia Holdings will register your business name online with ASIC via ASIC connect portal.
We will send you a copy of the lodged application for your records.
ASIC then processes the application and will send a Business Name Registration Certificate and Confirmation to the “Address for Service” address provided on the application form.
If the business name is flagged for “manual review”, ASIC will take longer to process your business name registration. ASIC will flag a name for manual review for the following reasons:
- Business name includes words unknown to ASIC
- Business name contains a restricted word or expression, and/or
- Business name contains a potentially undesirable word or expression
Pricing
HOW MUCH DOES IT COST TO REGISTER BUSINESS NAME WITH PATRICIA HOLDINGS?
Pricing is determined by how long you would like to register your business name for.
1 year registration - $121 (INCL ASIC FEE $44 & GST)
3 years registration - $179 (INCL ASIC FEE $102 & GST)
Business Name FAQs
Where do I find the ASIC Electronic Lodgement Protocol (ELP)?
Can Patricia Holdings register a business name for me on my behalf?
Yes. You can register a business name with Patricia Holdings online here, or by downloading and completing a paper form available here.
You do not need to have set this entity up with Patricia Holdings initially.
Once we receive your order form we will register r your business name on your behalf. Assuming the name is available; in most cases we are able to confirm the registration of your name on the same day and often in as little as an hour.
Can I use my existing business name as the name of my new company?
Yes, you can. Whoever owns the business name will need to be either a Director or a shareholder of the new company being incorporated. At the time of incorporation you will need to quote the ABN of the entity that holds the Business Name.
How do I renew my business name?
Renewing a business name can be done directly with ASIC via your ASIC Connect account. If you don’t have an ASIC Connect account you are able to create one at https://asic.gov.au/ by clicking on the blue “ASIC Connect” button.
You must have already received your business name renewal notice in order to renew the business name. Via ASIC Connect you are able to renew the name for either a one or three year period, pay for the renewal and request an invoice.
You can find more information about renewing a business name on the ASIC website
Can I re-register a cancelled business name?
Yes. If ASIC cancel a business name as a result of unpaid renewal fees, you are able to apply to ASIC directly to have the business name re-instated. For 6 months following the cancellation ASIC will not allow anyone else to register the same business name.
What is a business name?
A business name is a name, other than its legal name, by which an entity can trade or be recognised.
Once registered, the business name appears on the public register so people can identify the individuals, companies, registered bodies or other organisations that hold the business name.
Do I have to register a business name?
If you choose to operate as a sole trader, partnership or a trust then you will need to register your business name with the Australian Securities & Investments Commission (ASIC) unless you trade under:
- your own individual name; or
- all of the individual names of the partners in a partnership
If you are not sure whether you need to register a business name, or need help to choose the right structure for your business, you may wish to obtain advice from a professional advisor such as a lawyer or accountant.
The obligation to register a business name is entirely separate to any steps that business owners may take to protect any intellectual property rights in a name or brand, such as registering a trademark.
Who can register a business name?
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Any entity with an ABN.
This could be:
- an individual (for example, a sole trader)
- an incorporated entity, including an Australian registered company (has an ACN), an Australian registered body (has an ARBN) or other incorporated entity (no ACN or ARBN)
- an unincorporated entity, including a trust, superannuation fund or unincorporated body or association
- a partnership or joint venture partnership, or
- a joint venture.
How long can I register a business name for?
You can register a business name for either 1 year or 3 years. Patricia Holdings takes the hassle out of the registration process and we are able to register a business name on your behalf. Click here for more information.
Can I transfer a business name?
Yes, you can transfer a business name from one ABN to another.
You can transfer a business name by logging into or creating an ASIC Connect account by going to ASIC Connect. You will need to start a "cancel/transfer" process which will provide you with a transfer number. This number is then used to register the business name to the new ABN in the same manner as registering a new business name.
Patricia Holdings can transfer the business name for the same cost as registering a business name.
Does a business name give me the exclusive right to use that name?
While having a registered business name will prevent others from registering the same or very similar business name or company name with ASIC, it does not give you ownership of the name or the exclusive right to use the name. Registering a business name:
- does not stop another person from registering a similar name
- will not prevent the name being registered as a trademark
- will not prevent the name being used by someone that has already registered it as a trademark; and
- does not protect you from legal action if the name of your business infringes the intellectual property rights of another (for example, a name which is a registered trademark).
What should I do before registering a business name?
Check to see if the name is identical or similar to a registered trademark, by using the free IP Australia Trade Mark Check (TM Check).
If you would like to register a domain name in addition to your business name, check to make sure that the domain name you want is available.
Check any state or territory licences you may require to use a name or conduct a particular type of business in your state or territory. For more information go to Business Licence Information Service.
Do I need an ABN before applying for a business name registration?
Yes. The individual or entity you are seeking to register a business name for must first have an ABN or an ABN application reference number before they can apply for a business name. While the business name will be reserved on the ASIC register, the business name will not be considered "registered" until your ABN application is approved and an ABN granted.
How can I update the details of my business name?
You will need to go to the ASIC Connect website and register yourself as a user and then link your business name to your login using the "Link a Business Name" function on the right hand side of the web page once you have logged in.
Once you have linked your business name to your login just follow the prompts to make any required changes.
How can I check whether the business name I want to register is available?
You will be able to check the availability of a new business name by searching the asic name availability register for existing names before progressing with an application for registration of a new business name.
Before registering a business name, you should conduct a trade mark search.
For more information you can search Australian trade marks at IP Australia Trade Mark Check (TM Check) and domain names at Domain Name Administrator(auDA).
How will ASIC determine if a business name can be registered?
ASIC provides a search function that allows the user to determine whether a business name is available for registration.
You are able to search your proposed names availability here
You will also find information about reviewing an ASIC decision on the link above.
Can I appeal the decision if my proposed business name registration is rejected?
Yes, you can seek a review of an ASIC decision by lodging your request within 28 days of being notified of the decision. You should submit a copy of your application. If you are still not satisfied with their decision, you may apply to the Administrative Appeals Tribunal for further review.
Will ASIC issue a business name certificate and do I need to display it?
ASIC will issue a record of registration following business name registration and each renewal. You do not need to display the record of registration by law, although you may wish to. You are still required to display the business name.
Am I able to set up a company with the same name as a registered business name?
Yes, this is possible. The only ASIC regulation is that the holder of the business name be a part of the company at the time of incorporation. If the business name holder is:
- a sole trader, then this individual must be an Officer or Member of the company at the time of incorporation.
- a company, then the company must be a Member of the new registration.
- a trust, then the trustee of the trust must be a member of the company holding the shares non-beneficially for the trust. The trust deed will also need to be sighted by ASIC proving the trustee of the trust is who is listed; this can be emailed to Patricia Holdings who will forward on to ASIC with the 201.
- a partnership, then all members of the partnership must be Officers or Members of the company
- an incorporated association or any other organisation holding an ABN, then the association or organisation will need to be a Member of the company
The entity holding the business name does not need to be involved with the company beyond the point of incorporation and can be ceased as an Officer or Member of the company as early as the next day.
Is it best to register a business name before or after registering a company?
Business names are registered to an ABN however an ABN for a company can only be applied for once an ACN has been issued by ASIC, so this really depends on if you’re already trading or not. If you’re not already trading then we suggest waiting until you have registered your company. Outside of needing an ACN to have an ABN, there are three main reasons for this:
- It can be difficult to register a company (depending on who the business name holder is) with the same name as your business name.
- Transferring a business name from one entity to another comes with the same fees as registering a business name – this means you may end up paying double the registration fees.
- If you are registering a business name that is exactly the same as an existing company’s name, then only that company can register the business name (as it is already considered “taken” to ASIC) – this can save on registration fees as you may not need to register the business name.
If you are already trading, chances are you already have a business name registered. You can either use this name to register your new company (see article Can I set up a company with the same name as a registered business name?) or you can transfer the business name to the company’s ABN once obtained
Can I register a company using an existing business name?
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:
Sole Trader
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.
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).
Trust
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.
Partnership
If the business name is owned by a partnership, each member of the partnership must be involved in the proposed Company.
Should I cancel my business name if I want to register a company using that name?
If a business name is cancelled by the holder, it will be unavailable to the public for a period of four months starting from the date of cancellation. Cancelling the business name is therefore not recommended if you are wanting to register a company using the name in a timely manner.
How to Order
Other Services - Business Registration Services
Patricia Holdings can provide an extensive range of company, trust and business registration services. Following is a list of services we provide at this point of time. Please note, this list is not exhaustive and is being continually expanded.
Following is a list of services which we can provide for you:
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Registered Office Address
from$275
(INCL GST)All companies need an address that's published on the ASIC Register and receives the mail sent from ASIC. You can choose to use our address as the publicly listed address for your business.
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Australian Resident Director
from$6,250+GST
If you're an overseas company looking to enter the Australian market, we can facilitate resident Australian Directors for you to be able to successfully incorporate your company in Australia.
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Business Name Registration
from$116
(INCL ASIC FEE & GST)Business names, also known as trading names, are registered with ASIC and take effect in all states and territories in Australia.
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ABN/TFN Registration
from$220
(INCL GST)Virtually every new company or trust set up requires an Australian Business Number (ABN) and Tax File Number (TFN) and Patricia makes setting these up even easier.
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Reconstruction of a lost register
from $352, depending on complexity
If you have lost all the documents relating to your company, or have incorporated by yourself directly through ASIC and therefore do not have a company register, we can prepare the necessary documents for you to reconstruct your company register as it would have been on the date of incorporation.
* Patricia Holdings may receive commission from affiliate partners