Reserve a Company Name
If the name is available, you may reserve the name pending Registration or Change of existing Company Name, however, this is an optional step. If you wish to ensure that the intended name cannot be taken by another person until you are ready to register it as a company, you need lodge a form 410 'Application for reservation of a name' and lodge it with the prescribed fee. Company Planners Pty Ltd is able to electronically lodge this form as your Agent.
If the application is approved by ASIC, the name will be reserved (protected) for a period of two months. The application will only be rejected if the name is:
- identical to a name already reserved or registered for another corporation, or a name already listed on the national business names register in respect of another individual or body who is not the person applying to have the name; or
- of a kind that is declared by the Regulations to be unacceptable for registration.
Even if ASIC approves the reservation of a name, or subsequent registration of a company name, it does not mean that you are exempt from action taken by another person or corporation with a similar registered name. It is entirely your responsibility to be aware of any problems that might arise from names already registered which are similar to, or likely to be confused with, the name you register.
If you have reserved the name previously and provided that the initial period of reservation has not expired, you may apply to extend the two month period of reservation by lodging a second form 410 with the prescribed fee. (ASIC will not continue to extend a name reservation indefinitely as a means of preventing other persons from a legitimate use of the name).
If you choose not to reserve a name, simply apply for the name on the 'Application for registration as a company'. A names availability test will be conducted upon lodgement of the 'Application for registration as a company however, ASIC will only register the name as a company if the name is available (the same rules apply whether the application is a 'Application for reservation of name" or a 'Application for registration as a company")