Company names and business names in Australia: choosing, reserving, displaying and changing

A company name and a business name are different registrations, both held by ASIC. The company name is the legal name of the Pty Ltd, set when it's registered under the Corporations Act 2001, and must end with "Proprietary Limited" or "Pty Ltd". A business name is a separate registration needed only if the company trades under any name other than its exact company name. Neither gives you exclusive rights the way a trade mark does. This guide covers the naming rules a foreign-owned company meets at setup and afterwards. For the full incorporation sequence, see registering a company in Australia as a foreigner.

Quick comparison

Fees are from ASIC's current fees data. They are indexed, so check before lodging.

Choosing a company name

What makes a name available

Section 147 of the Corporations Act says a name is available unless it is:

• identical, under the rules in the regulations, to a name reserved or registered under the Act for another body
• identical to a name on the Business Names Register held by someone other than the applicant
• unacceptable for registration under the regulations.

How ASIC decides a name is "identical"

ASIC's rules for acceptable company names explain the comparison. When testing your proposed name against existing names, ASIC ignores:

• articles: "the", "a" and "an", so "The Bird in Hand" and "Bird in Hand" are identical
• legal structure terms: Proprietary, Pty, Limited, Ltd, No Liability, NL
• plurals: "child" and "children" count as the same word
• fonts, case, accents, spaces and punctuation: "Australian Holiday Apartments!" matches "australianholidayapartments"
• listed alternatives: Australian/Aust, Company/Co/Coy, Number/No, And/&, Incorporated/Inc, Corporation/Corp, ACN and ABN with their full forms.

So adding "Pty Ltd", changing the punctuation or abbreviating "Australian" to "Aust" won't get a name already registered by someone else through. A genuinely different word may get through, subject to the unacceptable and restricted word rules, but that still does not protect you against a trade mark owner.

Restricted words

Some words need consent before the name can be registered. ASIC groups them:

1. Apply to ASIC: for example "Chamber of Commerce", "Chartered", "Co-operative", "Executor", "Stock Exchange", "Trust" or "Trustee".
2. Ask the relevant minister: "Anzac", "Red Cross" and related terms, "United Nations", "University".
3. Ask APRA: "bank", "banker", "banking", "ADI", "building society", "credit union" and similar.

The ASIC fee schedule lists A$1,583 to apply for ministerial consent to use a company name. A foreign bank or university setting up an Australian subsidiary should allow time for consent before registration.

The ending: Pty Ltd

A limited proprietary company must have "Proprietary Limited" at the end of its name (s148(2)). Section 149 allows "Pty" and "Ltd", with or without full stops. A business that isn't a proprietary company must not trade under a name including "Proprietary" or ending in "Limited", unless another law allows it (s156).

Using the ACN instead of a name

Under s148(1)(b), the company can take as its name the expression "Australian Company Number" followed by its ACN, for example "ACN 123 456 789 Pty Ltd". ASIC confirms you don't have to have a company name. This is common for holding companies and special purpose vehicles, and for groups that want the subsidiary registered quickly before the brand is settled.

Using your existing business name as the company name

If someone in the group already holds the business name, the new company can use it as its name. Per ASIC, if the holder is a company, the new company can use the business name if that company will be a member (shareholder) of the new company. If the holder is an individual, they must be going to be a director or member.

Reserving a name: Form 410

Reservation is optional. Under s152, a person can lodge an application in the prescribed form (Form 410) and, if the name is available, ASIC must reserve it. The reservation:

• lasts 2 months from the date the application was lodged
• can be extended for another 2 months if you ask ASIC in writing during the reservation
• can be cancelled at the applicant's written request.

The current ASIC fee is A$65 for a reservation or an extension. It's worth reserving if there will be a gap between choosing the name and lodging the company application, for example while the overseas directors obtain their Director IDs.

Displaying the name and ACN

On documents: s153

A company must set out its name on all its public documents and negotiable instruments (s153(1)). "Public document" is defined in s88A and includes business letters, statements of account, invoices, receipts, orders for goods or services and official notices, as well as documents lodged with ASIC.

If the ACN isn't already part of the name, the company must also set out, with its name or one of the references to it:

• "Australian Company Number" (or "ACN") followed by the ACN, or
• "Australian Business Number" (or "ABN") followed by the ABN, but only if the last 9 digits of the ABN are the same, in the same order, as the ACN (s153(2)(b)).

Where the name appears on 2 or more pages, this must be done on the first of those pages. There is an exception for machine-printed receipts such as cash register receipts (s154). A breach of s153(1) or (2) is a strict liability offence (s153(3)).

Common mistake: an overseas parent's template invoices or contracts issued in the Australian subsidiary's name, but without the ACN. Fix the templates at setup.

At business premises: s144

Every company must display its name prominently at every place where it carries on business that is open to the public (s144(1)). The separate requirement to display "Registered Office" applies to public companies (s144(2)), not to a Pty Ltd. For where the registered office can be and who can host it, see registered office address.

Business names

ASIC's guidance on trading names is direct: if your company operates a business under a name different from the company name, it must register a business name. That includes dropping "Pty Ltd" from the name in customer-facing use, or trading under the parent's global brand.

To register a business name, the company needs an ABN or an ABN reference number. It can apply through ASIC Connect, or apply for the ABN and business name together through the Business Registration Service. See our ABN and TFN guide for the ABN step.

Current ASIC fees are A$47 for 1 year and A$108 for 3 years. business.gov.au says you don't need to register separately with a state or territory, you don't need to display the certificate, but you do need to show the business name on written communications such as invoices and quotes. Diarise the renewal date so the registration doesn't lapse.

Changing the company name

Section 157 sets the process:

1. Check availability and, if needed, reserve the new name on Form 410.
2. Pass a special resolution adopting the new name. A special resolution needs at least 75% of the votes cast by members entitled to vote (s250MA). A wholly owned subsidiary with one shareholder can record the resolution in writing; see shareholder resolutions.
3. Lodge Form 205 (Notification of resolution) with a copy of the special resolution. The current fee is A$524. ASIC says the form and fee are due within 14 days of the resolution, or a late fee applies (A$102 up to one month late, A$428 after that, per the current schedule).
4. ASIC changes the registration. The new name takes effect when ASIC alters the company's registration details (s157(3)), and ASIC issues a new certificate.

The ACN doesn't change. ASIC notes that if the new name is wrong, the company must pass another special resolution and apply again, so check the spelling and ending in the resolution before it's signed.

After the change, update the bank, the ATO and ABR records, contracts, invoices, signage, website and letterhead. If the old name was also the brand, consider whether to keep it as a registered business name.

Trade marks are a separate question

ASIC says registering a company or business name protects you against another business using an identical or nearly identical name, but it does not stop others using similar words, and it does not protect you against legal action if you use someone else's trade mark. Exclusive rights come from a trade mark registered with IP Australia. A foreign group should search Australian trade marks before choosing the subsidiary's name, and consider filing in Australia, especially where its home registration doesn't extend here.

Where we fit

Company names come up at the start of our incorporation work and again when groups rebrand. We handle reservations, Form 205 lodgements and the minute book entries as part of company secretarial support. We don't give trade mark advice; use an IP lawyer or trade marks attorney for that. See pricing or start here.

This page is general information, current at 28 October 2026, and is not legal advice. Fees are from ASIC's current fee schedule and change each year.

General information about Australian law and practice, not legal or tax advice for your circumstances. Check the official sources, or ask your adviser, before you act.