Can I Use A Deregistered Company Name
A companys name must show its legal status. You can either incorporate your own company using that name or you can register the business name under the National Business Names Registration System.
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Perhaps not the best choice of words as the entity needs to be reinstated and in a reasonable time frame to satisfy auDA to meet the registrations eligibility criteria.
Can i use a deregistered company name. Secured parties and Land Titles Office Registrars who have various powers in relation to land dealings under StateTerritory Legislation can deal with the companys property despite. Check if a business name is available. Once a company or close corporation has been final deregistered the company or close corporation or any other person may apply for re-instatement upon filing of a Form CoR405 and supporting documents.
This will create a multitude of legal issues if you attempt to use the name. Once youve established that the duplicate use of your business name is bringing harm to your business gather documentation. A company or a CC can therefore no longer trade in name of the company or CC and no longer has the capacity to enter into binding business transactions.
Use our check name availability search to see if the name you want is available. There are regulatory guidelines that detail the circumstances in which they will reinstate a deregistered company. If you want your business to trade under a name that is different from your legal name then youll have to register it as a business name.
And has no assets or because of the inadequacy of its assets there is no reasonable probability of the company or close corporation being liquidated. A business can be referred for deregistration upon request from the company or close corporation or any other third party provided that the company or close corporation has ceased to carry on business. Deregistered company property vests in ASIC or the Commonwealth and ASIC is generally the only party legally able to deal with company property after deregistration.
Reserving a company name. The effect of deregistration is that a company or close corporation CC is deprived of its legal existence. To prevent administrative deregistration of your company by ASIC keep your contact details and obligations up to date with ASIC.
If the name is available you can trademark the name with the US. You will only be able to recover the debt by reinstating the deregistered company. User 346075 47 posts.
Once a company is deregistered it ceases to exist as a legal entity and can no longer do anything in its own right. This is because a deregistered companys property vests in the Australian Securities and Investments Commission ASIC. You can only use a name that is not identical to an existing company or business.
Use derivatives or other forms of prohibited words for example adding ing to the end of a prohibited word or using its plural form etc The table below shares some. Use a name that is deceptively similar to another business name on record. Generally reinstatement will occur where ASIC is satisfied that the company should not have been deregistered in the first place.
If you have found a record of unclaimed money in the name of a deregistered company and you are a former shareholder or officeholder you may have a claim to the money. Its an offence to carry on business under an unregistered business name unless you trade under your own name such as Mary Jones. When you provide the business name you are wanting to use ASIC should then check the register and see that the company previously trading under that name has been deregistered and see that you are ok to use that name.
If youve been doing business in another area and someone else began using your name after the fact youll still need to establish that they are indeed harming your ability to do business by sharing your name. A companys name cannot be identical to an existing name. The law no longer recognises the company.
Existing trademarks or names that could impact your name. If you are not the holder of the registered business name or registering the company for one of the holders of the specified identical business name then you will not be able to use that registered business name as your company name. When a name is selected a trademark search should be completed to avoid picking a name that is already in use and trademarked.
LawPath makes registering a business name for your new company name fast and simple. Patent and Trademark Office. Yes but only if proofed that the entity was holding property or was active at the time of deregistration.
However there are some exceptions eg. ASIC does not use this property to satisfy the. So yes it is possible for the deregistered entity to retain the domain name.
As a result you have no claim to any company assets that you can sell to recover the debt. If the company was deregistered in the last few years and you were an officeholder when this happened you should consider reinstating the company as this may allow the funds to be claimed. In order to have a deregistered company reinstated you can make an application to ASIC.
If a business has been cancelled within the previous 6.
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