Today, it is easier and quicker to register a new firm. Therefore, people are more likely to register a new company instead of purchasing an existing shelf one. Setting up a company with certain features is much more efficient and less administratively burdensome than changing features. For example, if you set up a new company, you can choose the:
Many new companies have a standard constitution upon registration. But nothing prevents you from creating a specific constitution. Bare in mind that company registration service providers will most likely charge for the change of their usual constitution.
Also it is cheaper to incorporate a new company since you only have to incur the cost of establishment. If you acquire a shelf company, you have to buy both the company and expenses related with transferring the company to you. For these reasons, there is a significant slowing down of the shelf company registration business.
Although the procedure of registering a company has improved and it is good to set your own company, you can still get shelf companies from providers who offer them. In such a scenario, businesses can also still be referred to as shelf company providers even though they do not sell any shelf companies and just provide services related to new company registration.
Shelf companies, which are businesses that have never been active and were put up for sale by a company, used to be a strategic option because of their pre-registered status. They were also cheaper compared to starting a new company. However, the situation has changed – establishing a new company is comparatively quick and cheap compared to purchasing an established one.
Do you have a brilliant name for your company that you plan on using but not ready to incorporate as yet? Or maybe you have a company already and intend to rename it but have not reached the stage of name change? If yes, then you can reserve the company name that you have in mind with ASIC. This means that no one else can claim this name before you are in position to register your company or rename it. This article will detail how to book or reserve a company name so that you can secure a name you plan on using in future.
You need to ensure that the name you wanted is available for registration. A good place to start is to look at the registers of ASIC.
This will display all company names and business names matching (or similar) to the name you inquired. Of course, if the name which you want to reserve is already a registered business name or company name.
That there is already a company or business with such name that has been registered does not necessarily mean it is no longer available. Look at the ‘Status’ column to see if it says “Registered” or “Deregistered”. The name could also be available for reservation if the company or business is deregistered.
You can also search the ABN Lookup to check if an existing enterprise has already named itself after what you have thought about. You can enter the name you want to use on their website in the search bar. This will result in a list of businesses, companies and other organizations using your searched name.
Lastly, search IP Australia to see if anyone has a registered trademark with the name you plan to use. A trademark is a particular type of IP protection given to the owner, allowing them the exclusive right to use a name or logo.
There is no need to book the name if there is a registered trademark over it even though another business or a company has not taken that name you intend to use. Also, if the other person or business works in a similar industry from you, do not spend time to researve the name. Even though ASIC will reserve the name and you could actually incorporate the company with that title, in case some day they discover it , the trademark owner has a legal right to demand from you to cease using that name.
You can go to the IP Australia website and key in your desired name in their search bar. If you have already registered a trademark on the name that you desire and operate in the same field as your company, then reservation of this company name would not be advisable.
Trademark rights cover terminologies that are misleadingly similar – not only alike. If you want to use a name that is registered as a trademark, you cannot avoid this by altering just one letter.
Assuming that the name you want to use is available, you can make an application to ASIC to reserve the company’s name. The process will vary depending on whether you are reserving a name for a new company or an old one.
You could be in the process of reserving a company name for a company that does not come into existence as yet. In this instance, download a Form 410 and fill in the details. In section 3, ‘Purpose of reservation’, tick the following:
In addition, print a physical copy of the filled form and sign it by hand along with the date in the ‘Signature’ field on page 3. You should then mail the original, signed copy of the form to ASIC at:
Now, let’s say that you are registering a company name for an existing company whose name you wish to change. Either you can follow the same process described above for new companies but select ‘Change of name’ in section 3 instead of ‘New registration’.
Changing your company’s name may seem like the most natural thing in the world when growing your business. It is, however, not an easy process. This article will help you navigate through the main steps of renaming your company.
Working Visa HKWhen thinking about changing a corporate name in Australia one should follow the rules and regulations provided by the ASIC. To begin the process you must pick an entirely new name that is not already taken and does not use restricted words or imply a deceptive link or criminal conduct. To avoid conflicts with existing names or trademarks, searching ASIC’s registers and visiting IP Australia is recommended.
After choosing an appropriate name, one then proceeds to get the company’s members together in a meeting and passes a special resolution. First of all, unlisted companies need to issue at least 21 days’ notice prior to the meeting while listed ones – at least 28 days’ notice. So, a special resolution of the company needs at least 75% of votes cast in favor.
Once the special resolution is passed, you must to fill in Form 205 Notification of a resolution – attach a copy of an adopted special resolution and pay the required fee. It is important to file the form within 14 days after the resolution has been passed in order not to have late fees applied.
ASIC will review your application and either accept or reject the name change. If accepted, you will receive a certificate of registration through your online services inbox or by mail.
Your application will be reviewed by ASIC, either approve or reject the name change. If approved, you will be notified through your online services inbox or by mail with a certificate of registration.
Inform all stakeholders, like employees, clients, suppliers and relevant government bodies regarding the name change. Make sure company documents including contracts, agreements and marketing materials reflect the new name.
Update the company’s website, social media profiles and online directories to reflect the new name. Change marketing materials, such as business cards, brochures, signage and advertisements to suit the new name.
Update the company’s website, social media profiles and online directories to reflect the new name. Change marketing materials, such as business cards, brochures, signage and advertisements to suit the new name.
Pay attention to the market for possible infringements or illegal use of the new name. It is advisable to register for trademark so that the new name is protected and no one else can use it without permission.
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