Legal Related Issues

Small business start up information

1. Do I need to register a business name?

2. My business is a company; do I still need to register a business name?

3. Do I need to register a business name in all states of Australia?

4. What legal rights does a business name entitle me too?

5. How can I find out if a proposed business name is already taken?

6. What business structure should I use?

7. I would like to start a business but I am not sure what licences if any are legally required?


1. Do I need to register a business name?

Generally speaking you are legally required to register a business name. Except when:   
  • The business operates as a company
  • You plan to conduct your business under your, or your partner’s, first name and surname, or initials and or surname. i.e. Sonia Williams

2. My business is a company; do I still need to register a business name?

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.

3. Do I need to register a business name in all states of Australia?

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.

4. What legal rights does a business name entitle me too?

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.

5. How can I find out if a proposed business name is already taken?

http://www.search.asic.gov.au

6. What business structure should I use?

There are a number of business structures you could select to operate your home-based business:

  • Sole Trader
  • Partnership
  • Trust
  • Company

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.

7. I would like to start a business but I am not sure what licences if any are legally required?

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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