My business name is held by a trust and I would like to register a company in the same name, what should I do?

To register a company with a business name currently held by a trust, the process involves several steps. Firstly, ensure that the trust has an Australian Business Number (ABN) or an ABN application reference number, as this is a prerequisite for applying for a business name. Then, visit the ASIC website and access the ASIC Connect portal. If you do not already have an account, you will need to sign up. Once logged in, navigate to the 'Licenses & Registrations' tab to begin the registration process for a business name.

When applying, select the option that indicates the business name holder is a trust and provide the required details of the organisational representative for the trust. This could be an individual, a company, or a registered body, depending on the structure of your trust. You will need to provide information such as birth details and residential address for an individual, or the ABN, Australian Company Number (ACN), or Australian Registered Body Number (ARBN) for a company or registered body.

It's important to check the availability of the business name you wish to register and ensure it is not already taken or too similar to an existing name. After entering the proposed business name and confirming its availability, you will proceed to fill out the necessary details regarding addresses and eligibility.

Review your application thoroughly before submitting, and be prepared to pay the registration fee through the available payment methods, which include credit card, BPAY, or invoice. Keep in mind that any information provided will be accessible to the public through the Business Names Register. For further assistance, ASIC provides a web chat service during business hours.

For more detailed guidance and to ensure compliance with all legal requirements, it may be beneficial to consult with Namecorp’s Support and Compliance Team either by phone on 1300 006 263 or via email at support@namecorp.com.au, they’re always there to help you through every aspect of your business journey.