If your business is a company, it will fall under Corporations Law and the business and business name will be registered with the Australian Securities and Investment Commission (ASIC).
Please note if your company carries on a business in a name that is different to its company name, you must register that business name with department of Consumer Affairs in your state.
If you are planning to physically set up your business in more than one state, you need to register your business name separately in each state, i.e. If you plan to have an office in each state, you should consider registering your business name in each state.
Registration of a business name does not in itself give you any proprietary rights - only a trademark can give you that kind of protection. To ensure you have exclusive use of your business name now and in the future throughout Australia you will need to trademark the business name.
There are a number of business structures you could select to operate your home-based business:
I suggest you seek professional advice the most appropriate business structure for you will greatly depend on your own personal circumstances. Make sure you understand the advantages and disadvantages of each type of structure. The right business structure is covered in much greater detail in the current edition of Show Mummy the Money.
You could visit the Business Licence Information Service (BLIS). This is a free service that provides details of all licences you may require to operate your business in Australia, including Commonwealth, State/Territory and Local Government requirements. BLIS will help you to find out easily which licences and permits you need for that business - or any other activities related to that type of business, click here to visit the BLIS site.
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