• Registering a business name does not give the holder exclusive name rights. The holder may be subject to legal action for using a business name that has the potential to mislead the public;
• The holder may be inadvertently infringing someone else’s trade mark with the proposed business name. Choosing a business name that infringes an existing trade mark can be a costly exercise—it could mean hefty legal bills, drawn out disputes and even the closure of the business. That is why it’s important to undertake a trade mark (TM) check. Visit IP Australia to search trademarks;
• A holder that is part of a franchise needs consent from the franchise owner to use the business name. Visit the Franchise Council of Australia for more information about franchises;
• The holder should check for any state or territory business licences that may be required. Get tailored information about government-related licences, registrations and permits at the Australian Business Licence and Information Service (ABLIS).;
• The holder may want to register a domain name in addition to the business name. For more information and to search for available domain names before applying for a business name see the Australian Domain Name Administrator (AUDA).;
• ASIC’s privacy notice available on the ASIC website explains how ASIC collect and disseminate the information provided in this application.

By placing this order, I/we declare as follows:

I/we declare that the following statements are true for the Business Name Holder and for each person involved in the management of the Business Name Holder to determine eligibility to register a business name, including:

• If the Business Name Holder is a body corporate – each director and secretary (or their equivalents) of the body corporate;
• If the Business Name Holder is a partnership – each partner of the partnership;
• If the Business Name Holder is an unincorporated association or other body, each member of the committee of management of the unincorporated association or body;
• If the Business Name Holder  is a trust – each trustee of the trust;
• If the Business Name Holder is a joint venture – each joint venture partner.

I/we declare that I/we have not been disqualified from managing corporations under section 206B (1) of the Corporations Act 2001;

Within the last 5 years I/we have not been:

• Convicted of, or
• Released from prison after being convicted of, and serving a term of imprisonment for, any of the criminal offences referred to in section 32(1)(c) or (d) of the Business Names Registration Act 2011.

s32 Disqualified Entities

• (1) An entity is disqualified if:
• (a) the entity is a person disqualified from managing corporations under subsection 206B(1) of the Corporations Act 2001 because the person is convicted of an offence; or
• (b) a person involved in the management of the entity is disqualified from managing corporations under subsection 206B(1) of the Corporations Act 2001 because the person is convicted of an offence; or
• (c) the entity is a person who is not disqualified under subsection 206B(1) of the Corporations Act 2001, but is convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country that involves dishonesty and is punishable by imprisonment for at least 3 months; or
• (d) the entity is a person who is not disqualified under subsection 206B(1) of the Corporations Act 2001, but is convicted of an offence against the law of a foreign country that is punishable by imprisonment for a period of more than 12 months; or
• (e) a person involved in the management of the entity is not disqualified under subsection 206B(1) of the Corporations Act 2001, but is convicted of an offence referred to in paragraph (c) or (d) of this subsection.

• Submit an application to ASIC for the registration of the Business Name on my/our behalf under the terms and conditions of the ASIC Electronic Lodgement Protocol; and
• Make each of the following declarations on my/our behalf:

(a) This application is submitted under, and is compliant with, the terms and conditions of the ASIC Electronic Lodgement Protocol; and

(b) To the best of my/our knowledge, the information supplied in this application is complete and accurate.

• Add the registration of the Business Name to Document Shop’s ASIC Connect account (which will allow Document Shop to view and update the registration details).