When registering a company name, certain words and phrases are prohibited or restricted to ensure clarity and prevent misleading implications. Below is a summary of the key categories of words that are not allowed or require consent for inclusion in a company name according to the Corporations Regulations 2001.
Unacceptable Names
A name is deemed unacceptable for registration if it:
Is Offensive: The name is considered undesirable or likely to offend any section of the public.
Contains Specific Words or Phrases: The name includes any word or phrase listed in the restricted categories (see below).
Suggests False Connections: The name implies a connection with:
- The Crown or any government entity without actual affiliation.- Members of the Royal Family or organizations that are not connected.
Misleading Implications: The name suggests that members of an organization are incapacitated when they are not.
Restricted Words and Phrases
Certain words and phrases are restricted and cannot be used without prior consent from the Australian Securities and Investments Commission (ASIC). These include:
Government-Related Terms: Words like "Commonwealth," "Federal," or any terms suggesting governmental connections.
Financial Terms: Terms such as "bank," "credit union," "building society," and "authorised deposit-taking institution" require consent from the Australian Prudential Regulation Authority (APRA).
Culturally Significant Terms: Words like "Aboriginal Corporation," "Chamber of Commerce," and "RSL" (Returned and Services League) are restricted.
Other Specific Terms: Words like "Chartered," "Executor," "Trust," and "Trustee" also fall under restricted categories.
Consent Required for Certain Terms
Some phrases require explicit consent from relevant authorities before they can be included in a company name. Examples include:
Anzac: Requires consent from the Minister for Veterans' Affairs.
United Nations: Requires consent from the Minister for Foreign Affairs.
This framework ensures that company names are not misleading, offensive, or suggestive of unauthorized affiliations, thus protecting both consumers and the integrity of the business environment.