If you're considering using a restricted word in your company name, it's important to understand the regulations that apply.
In Australia, certain words and expressions are restricted from use in business names because they may mislead consumers. To use a restricted word, you must first obtain consent from the relevant portfolio Minister or the Minister’s Delegate. The process involves checking the criteria set out in the Guidelines for Ministerial consent to business names under the Business Names Registration Act 2011, and if you meet the criteria, submitting an application to ASIC with your details and supporting documents that demonstrate your eligibility.
It's advisable to review the full guidelines available on the ASIC website to ensure compliance and avoid any potential issues with your business name registration.
The following words are examples of those under the ambit of the Treasury Guidelines:
- Trust or Trustee
- Chartered
- Co-operative
- Consumer
- Words suggesting a connection to the Crown, Royal Family, Government, incapacitated war veterans, ex-serviceman’s organisations – though this connection does not exist
- Donald Bradman
- Identical Names
Follow this link for all restricted words: https://asic.gov.au/for-business/registering-a-company/steps-to-register-a-company/company-name-availability/#restricted
In order to apply for any of the above words you should follow these instructions:
- Reserve your proposed name with ASIC by submitting a Form 410 with the $49 fee
- Lodge your application for ministerial consent with ASIC, ensuring that it addresses the criteria for assessment relevant to your preferred name. The application should also include any evidence, consents and claims in support of submission. There is a $1217.00 fee attached to the application. It should be posted to and ASIC will advise you of the outcome in writing:
Australian Securities & Investments Commission
Ministerial Consent Applications
PO Box 4000, Gippsland Mail Centre, VIC 3841