Can I Have A Business Name Without Registering It

Unregistered business names

This information sheet (INFO 200) explains when a concern should annals their proper noun. It as well includes information about dealing with unregistered businesses.

When must a business annals its name?

The law requires that a party carrying on a business using a name must register that name, unless information technology is the political party's individual proper noun, a registered company name or the total name of a partnership. Having an unregistered business name is a breach of the Business Names Registration Act 2011.

You may become concerned if you have contracted with a concern for goods or services and then found out that the business is unregistered, or if you are a small business possessor and you have become aware that some other business is using an unregistered business organization name.

What yous should practise

If you lot are concerned virtually dealing with an unregistered business, in that location are a number of options bachelor to you.

If you are concerned that a business you lot are dealing with might not be registered

Y'all tin cheque whether the political party you are dealing with is a registered business or company via the ASIC Connect website. If the business or company is registered, you can ask to meet their registration certificate.

If yous have purchased goods or not-financial services

If y'all have purchased goods or non-fiscal services from a business organization y'all suspect may be unregistered, see Data Sheet 161 Disputes about goods and not-financial services (INFO 161).

If y'all accept entered into a contract with someone to supply you with goods or services, and they have not provided their Australian Business Number (ABN) or business name

You should seek legal advice to find out the procedure for making an application to a courtroom for an society. If y'all are unsure of how to seek legal advice, contact the Police force Society in your state or territory.

If you are concerned that a concern y'all are dealing with does not have an ABN

If you are concerned that a business organisation does non have an ABN, and should have ane, y'all should check the Australian Business Register to run into whether they are registered. If you are concerned that a business concern is not paying tax or other entitlements, y'all may wish to contact the Australian Taxation Office.

If you lot need more information

Y'all tin get more information near small business operation from the Off-white Trading offices in your state or territory.

ASIC and unregistered business names

Our aim is to get businesses to comply with their obligations. If we receive information that someone is operating nether an unregistered business name, we may write to the business to remind them of their obligations to register the concern name and, in some cases, we may take further regulatory action. By and large, nosotros will only accept activeness if we accept concerns most other unlawful deport, or when the business has a history of failing to meet their obligations under the law.

ASIC and Australian Business organization Numbers

ASIC does non administer ABNs and is non responsible for the registration of ABNs. A business concern must have an ABN or be in the process of applying for one with the Australian Business Annals website earlier ASIC volition register a business name. The Australian Tax Part has a wealth of information bachelor to businesses and individuals well-nigh the requirements of starting a business.

Where can I get more information?

• For data near ASIC's function and the laws we manage.
• For information near business organisation names, see What is a business organisation proper noun?
• Download Regulatory Guide 235 Registering your business organization proper name (RG 235).
• Download the following information:
  – Information Sheet 161 Disputes nearly goods and non-fiscal services (INFO 161)
  – Data Sail 187 Disputes about similar business names (INFO 187), and
  – Information Sheet 201 Failure to display a business name (INFO 201).

This is Information Canvass 200 (INFO 200), issued in April 2015. Information sheets provide concise guidance on a specific process or compliance event or an overview of detailed guidance.

Source: https://asic.gov.au/about-asic/contact-us/how-to-complain/unregistered-business-names/

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