As an Australian company owner, have you ever wondered where you have to display your company name and ACN?
Running a company involves several responsibilities, and as a company owner, you’re probably aware that displaying your company name and ACN (Australian Company Number) is a legal requirement. However, you may not be aware of all the specific locations you must display this information.
If you fail to comply with this legal requirement, you may face penalties and fines. Therefore it’s
it’s crucial to understand your obligations. In this article, we’ll explain where you have to display your company name and ACN so that you can ensure your business is complying with the relevant legislation and you can avoid legal issues.
We also answer other frequently asked questions in relation to where to display your company name and ACN.
Read along!
Where do you have to display your ACN?
According to the Australian Securities and Investment Commission(ASIC), you are required to display your ACN on any eligible negotiable instrument or public document. These include the following:
- Every document that is lodged with ASIC
- Cheques
- Bills of exchange
- Written advertisements that contain particular offers and tenders
- Promissory notes
- Invoices and quotes
- Receipts that aren’t produced by machines
- Official company notices
- Orders relating to services and goods
- Statements of account
- Invoices
- The letterhead of your business
- Websites should display ACN and company names where specific offers exist. However, this depends on the nature of the content of the website.
- Additionally, given websites must contain terms and conditions, this official document would require it
Furthermore, the first page of all documents must contain the company’s ACN and name. Additionally, it’s important to note that if there are several companies featured on a document, for example, a letterhead, each company’s ACN is required to be displayed beside its company’s name.
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How do you display your company name and ACN?
You must not only know where to display your company name and ACN but also how to display them. When displaying your company and ACN, you should make sure to meet the following format requirements:
- You need to make sure the ACN is clearly displayed
- You need to make sure that the ACN is easy to read
- Although you’re required to display your company name and ACN on the first page of all documents, it’s important to note that you’re not required to display this information on the following pages
- In instances where multiple companies are featured on the same document, it must be clear as to which ACN relates to each company when they’re displayed next to each other
- When displaying your company name and ACN, you should note that there aren’t any font or size requirements. The most important thing is that you ensure the company name and ACN are easy to read and meet other formatting requirements
- The ACN may be referred to either as ‘ACN’, ‘A.C.N.’ or ‘Australian Company Number’
Can you display your ABN instead of your ACN?
You should be aware that you can display your company’s Australian Business Number(ABN) instead of your company’s ACN on documents. However, this is only permitted if the following criteria are met:
- If your nine-digit ACN is included in your ABN
- If you display your ABN where you would display your ACN
You should be aware that although ABNs and ACNs appear similar, they’re not the same, and there are differences between them. For example, an ACN is a nine-digit number, whereas an ABN is an 11-digit number.
Do you have to display your company name and ACN on your common seal?
A common seal is a legal company signature that’s used for the execution of documents. You should be aware that companies are not required to have a common seal. However, a company’s common seal must include the following information:
- If the company is using its ACN, its common seal must include the name of the company, the phrase ‘Australian Company Number’ and the company’s ACN
- Where a company chooses to make use of its ABN rather than its ACN, it must include the name of the company, the phrase ‘Australian Business Number’ and the company’s ABN
Which places are you not required to display your ACN?
There are no laws that prohibit you from displaying the name of your company and its ACN. The only circumstances under which you may not wish to display these are privacy-related. Another exception is when a company doesn’t have any authority to attach its ACN to a document, for example, to another company’s document.
However, there may be some grey areas that can create some uncertainty in regard to where you’re not required to display your ACN. Displaying the company name and ACN is not required in the following instances:
- You don’t need to include your ACN on your packaging and labelling, including envelopes and transport documents
- You don’t need to include your ACN for any of your company’s advertisements that aren’t making a specific offer. For example, if the advertisement is simply promoting the company in general
- Credit cards
- Credit card vouchers
- Receipts that are generated by machines, such as cash register receipts
- Business cards or flyers, as long as the flyer isn’t making a specific offer
- Items that aren’t documents, such as vehicles, stationary, building signposts/plaques, office signage
You can see that a lot of details need to be considered, and this can be time-consuming. If you’re in a hurry to supply a document and are unsure of the requirements, you should hire a lawyer to make sure you’re meeting your legal obligations.
When creating a document, attention to detail can be the difference between a document fulfilling its purpose and failing you. The law is full of technicalities and formalities, which are likely to undermine your interests unless you adhere to protocol. Therefore, a lawyer can be super useful to help you ensure that everything’s in order.
Frequently Asked Questions(FAQs)
Where must a company display its company name?
According to section 144 of the Corporations Act 2001, a company must display its company name in the following locations:
- Companies are required to display their company name at their registered office
- Companies are required to prominently display their company name in all locations where they conduct business and all places that are publicly accessible
- Public companies are required to clearly feature their company name along with the words “Registered Office” at their registered office
What documents should display your ABN?
An ABN( Australian Business Number) is a unique 11-digit number that you can use for your business to be identified and for several other business-related purposes. As a general rule, your ABN should be displayed on any documents that relate to your business and that are issued to other businesses or individuals. You should display your ABN on the following documents:
- Invoices you provide to your customers or clients
- Receipts you provide to your customers or clients
- Business cards
- Business letterheads
- Other printed materials you use to represent your business
- Quotes or estimates that you provide relating to your products or services
- Contracts and agreements that you enter into with other businesses or individuals
- Purchase orders or delivery dockets you provide suppliers or customers
- Your company website
- Your company’s social media profiles
Do you have to display your business name?
According to ASIC, all businesses are legally required to display their business name wherever they trade publicly, this even includes when a business participates in an exhibition. Furthermore, businesses are also required to display their business name on all official documents related to running the business, including tax invoices, receipts and quotes.
Can a company use its ACN as its name?
According to section 148 of the Corporations Act, a company can choose to use a name that’s available or its ACN as its company name.
What is an ACN?
According to ASIC, an ACN(Australian Company Number) is a unique nine-digit number that ASIC provides every company at the time of registration. ACNs can also be referred to as ‘A.C.N’.
Conclusion
Ultimately, as an Australian company owner, it’s important to understand your legal obligations regarding the display of your company name and ACN. Failure to comply with this requirement can result in penalties and fines.
If you’re still feeling unsure about where you have to display your company name and ACN, you should hire a lawyer to ensure that you’re displaying your company name and ACN where it’s legally required. By ensuring that you display your company name and ACN in all the necessary locations, you can avoid legal issues and ensure that your company is operating in accordance with the relevant legislation.
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