The Business Names Act 1962 requires that all businesses trading in Victoria do so under a registered business name.
The exceptions to the Business Names Act 1962 are:
A business name is not a legal entity like an individual or corporation and cannot sue, be sued or hold property. It merely registers the name in the public registry - available to the public for a fee - held by Consumer Affairs Victoria (CAV). Any disputes over the naming rights are dealt with by legislation or through the legal system, so you should contact your solicitor if you require assistance in such matters.
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Step-By-Step: How to Register Your BusinessHow to choose a business structure and protect your business. |
If your business is a company, it falls under Corporations Law and, unlike other businesses, the company name is not lodged with Consumer Affairs Victoria but with Australian Securities and Investment Commission. To determine whether your business is a company or not visit the business structures page.
If your company carries on a business in a name that is different to its company name, you must register that business name with CAV. This is sometimes referred to as 'trading as' or operating under a 'trading name'.
After you have determined that your business is the type that needs to register a business name, there are several steps towards choosing and registering one that is right for you and your business.
Tips for choosing an appropriate business name, including ways to check if your business name is unique and what to do if the name you choose is already registered.
The steps involved in registering a business name in Victoria and registering interstate.
Information on registering your business name in other Australian states, including links to appropriate government departments.
What kinds of business names are allowable and what kinds of restrictions apply. Includes restrictions on words and phrases, and on the kinds of individuals who are able to register a business name.
The forms required and the process involved in changing the name of your business.
If you need more information on registering a business name, type your question into the box below or browse through the most frequently asked questions from other users.