What is a company ?
A company is a legal entity formed by a group of individuals together to undertake some business or purpose. Company incorporation entitles you to be able to conduct business throughout Australia without needing to register in individual State and Territory jurisdictions.

The main benefits from operating a business through a company are:-

	when a director or shareholder dies, the company continues to exist; and
	a shareholder will not ordinarily be liable for the debts that the company incurs.

Every company must be clearly and uniquely identified (under the Corporations Law). A key element in identification is the company name, which must be registered with the Australian Securities & Investments Commission (ASIC) at the time of registration.
A company name must indicate the company's legal status. A company's name must appear on its published documents, negotiable instruments, and documents lodged with the ASIC. It must also be displayed at its registered office.

How do you establish a company ?
We advise you to incorporate a company through your Accountant or Lawyer or visit Australian Company Incorporation Services.

What is a Business Name?
If a company carries on a business in a name which is different to its company name, it must register the business name with the appropriate State/Territory authority, not the ASIC. In other words - any person who carries on a business under a name other than their own name, must register their business name under the Act
Businesses which are not companies (eg, sole traders and partnerships) must register their business name. The exception to this is if they conduct their activity only under the name of the person or persons involved (ie, first name and surname, or initials and surname). Registration or use of a business name does not create a legal entity (whereas incorporation of a company does). It does not allow the use of privileges to which a company is entitled, such as a corporate tax rate or limited liability. A business name has no legal status.
While the requirement to register business names is not under the Corporations Law, business names are still recorded on the ASIC index register, against which proposed new company names are checked.

How do I register a Business Name?
An application for registration must be lodged with the prescribed fee with the Office of Fair Trading in your State giving particulars as to the proposed name, the nature of the business and its proposed commencement date, the business address and the name(s) of the people or corporations involved.
Each year, the registration of a business name must be renewed before expiry. Fees do apply.

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Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Victoria

Western Australia

What is a trademark?
A trade mark identifies the goods and services of a proprietor. Business or company name registration identifies the proprietors of a business or officers in a company.
Registration of the trade mark protects the legal rights of the proprietors of the trade mark in their use and control of the mark. It gives a monoply property rights in that mark. Registration of a business or company name does not confer any property rights in that name.
Registration of a trade mark is not compulsory while the registration of a business name or company name is compulsory.

This information has been sourced from Company Incorporation Services, The Office or Fair Trading and the ASIC. We recommend for the above services to consult your lawyer or accountant for the above services. This information is provided as a guideline and in no way holds Domain Registrations responsible for any inaccuracies, errors or omissions.