Table of Contents
Introduction
Your company name embodies your organisation and getting it right is an important aspect of your operations and reputation. If your name no longer reflects who you are and what you stand for, if you’re looking for a fresh start, or if you simply need to fix a spelling error, chances are, you will have to change the company name.
If you’re just starting up, register your company with LawPath today, or talk to one of our start-up lawyers for expert advice on key legal requirements.
How to Change a Company Name
Any changes to your company after registration must be made through ASIC Connect. The ASIC Corporate Key gives an officeholder online access to the company and allows changes to be made after registration, including changing your company name. You can make this update by following this process:
- Register for online access with your ASIC Corporate key.
- Simply log on to ASIC Connect.
- Select ‘Start new form’ and select ‘Form 205’.
It is important to note, unlike other changes post-registration, changing a company name will require a few steps to be taken prior to lodging Form 205. Changing your company name after registration also incurs a fee. For a full list of fees attached to changes to your company, check out ASIC’s Pricing List for Form 205 Notification of Resolution
Need specialised advice regarding your company?
Contact a Lawpath consultant on 1800 529 728 to learn more about company registration, customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.
Step 1: Decide on a New Name
Choosing the new name is a very similar process to how you would have chosen your first name. This means:
- The name must be available (use LawPath’s Name Search Tool)
- The name you choose must not be the same, or nearly the same, as the name of an entity that is already registered
- You will not be able to use certain terms and characters that are restricted by ASIC
An existing trademark may affect your name - You cannot imply a connection to government or other authorities through your name without the requisite permission
If you are not ready to use the new name, you can apply to reserve a name with ASIC for up to two months.
Step 2: Pass a Special Resolution with your Company Members
When you’ve decided on the new name and ensured it is available, you must still ensure it is approved by the company through a special resolution:
- Provide notice of a company meeting (including the intention to vote on the changed name)
- Convene a company meeting to vote on the name
- For the resolution to pass, at least 75% of the votes must be in favour of the proposed change
Step 3: Lodge a Notification of Resolution
This is the application stage:
- Lodge a Notification of Resolution with ASIC within 14 days of the resolution being passed
- Make sure there are no errors in the form
- Attach a copy of the passed special company resolution
- Pay the requisite fee
Step 4: ASIC Accepts or Rejects the Application
If ASIC accepts your application, you will receive a certificate of registration online or by post. If the name is rejected, ASIC will notify you and provide reasons.
Summary
Changing your registered company name doesn’t have to be a burden, provided you are organised and familiar with the requirements. That being said, it is important to get it right the first time to avoid unnecessary cost and delay. Of course, your company is more than just an individual, and acquiring the agreement of the whole company is crucial in the lead up to the change.
Still unsure? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 7500+ expert lawyers or to get answers to your legal questions.
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