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Company names that are not available for registration are:
•
names that are already reserved or
registered;
•
of a kind that are declared as unacceptable by the regulations; or
•
those substantially identical to an existing name.
In
determining whether a proposed name is substantially identical to an existing
name, the use of 'the', 'proprietary', 'no liability', 'limited', abbreviations,
spacing or punctuation is to be disregarded (section 149).
Prohibited
names that will not be allowed:
•
Names that are similar to and that are likely to be confused with or
mistaken for the name of an incorporated associate Building Society, Co-operative
Company or Society, Co-operative Housing Society, Credit Union or Friendly
Society.
•
Names containing the following words or phrases or any abbreviations of
same require ministerial approval for use:
'Aboriginal Corporation'
'Aboriginal Council'
'Building Society'
'Chamber
of Commerce'
'Chamber
of Manufacturers'
'Chartered'
'College
of Advanced Education'
'Consumer'
'Co-operative'
'Credit
Union'
'Executor'
'Friendly
Society'
'Guarantee'
'Incorporated'
'Institute
of Advanced Education'
'Made
in Australia'
'Savings'
Starr
Bowkett'
Stock
Exchange'
'Torres
Strait Islander Corporation'
Trust'
Trustee'
University'
• The following list of words, abbreviations and phrases in a company name relating to the Sydney Olympics and/or Paralympics require ministerial approval prior to registration:
24th' or 'Twenty-fourth' or 'XXIVth'
'Olympic' or 'Olympics'
27th' or 'Twenty-seventh' or 'XXVIlth'
'Olympiad' or 'Olympics'
'Share the Spirit'
'Sydney'
2000' or 'Two Thousand'
Gold' or 'Games'
Games City'
Summer Games'
Paralympic', 'Paralympics' or 'Paralympian'
Sydney Games'
Millennium Games'
Commonwealth' or 'Federal'
•
Any name that suggests a connection with:
the Crown; the Commonwealth Government; the Government of a State or Territory; a municipal or other local authority; the Government or any other part of the Queen's dominions; possessions or territories; a department, authority or instrumentality of the Commonwealth Government;
a department, authority or instrumentality of the Government of a State
or Territorty;
the Government of a foreign country;
a member of the Royal Family;
the receipt of Royal patronage; or
an ex-servicemen's organisation where that connection does not exist.
•
Any name that in the opinion of the Commission is undesirable or
likely to be offensive to the
public or any section of the public.
•
Names which include the following words without authority:
'United
Nations', without consent from the Minister for Foreign Affairs and Trade;
'Bank',
'Banker', 'Banking', 'Savings Bank', without the written consent of the
Treasurer of the Commonwealth and unless a Corporate Body in Australia;
'Anzac',
without the authority of the Minister for Veteran Affairs;
'Red
Cross', 'Geneva Cross', 'Red Crescent', 'Red Lion' and 'Sun', without consent
from the Minister for Defence.
•
Names substantially identical to an existing name. For example:
ABC Specialty Products Holdings Ltd and ABC Specialty
Products Investments Ltd, would be regarded as two separate and
distinct names. However, ABC Specialty Products Holdings
Limited and the ABC - Specialty Products Holdings Limited
would be regarded as the same as the original company.