Document ID: chunk:federal_register_of_legislation:C2024C00631:section:25
Version: federal_register_of_legislation:C2024C00631
Segment Type: section
Provision Reference: s 25
Character Range: 52544–54431

25  Is a business name available to an entity?
  A business name is available to an entity if:
 (a) the name is not identical or nearly identical to:
 (i) a business name registered to another entity; or
 (ii) a name that is reserved or registered under the Corporations Act 2001 for another body; or
 (iii) a name that is registered to another entity on a notified State/Territory register; or
 (iv) if ASIC receives notice electronically from a referring/adopting State or an affected Territory of the name of a government body and the entity is not that body—that name; or
 (v) if ASIC receives notice electronically from a referring/adopting State or an affected Territory that an Act of the State or Territory, or an instrument made under such an Act, specifies a name as the name of another entity—that name; or
 (vi) if ASIC receives notice electronically from a Commonwealth government body of the name of that body and the entity is not that body—that name; or
 (vii) if ASIC receives notice electronically from a body that an Act of the Commonwealth, or an instrument made under such an Act, specifies a name as the name of that body and the entity is not that body—that name; and
 (b) a name that is identical or nearly identical is not held under section 54 or a provision of the Transitional Act; and
 (c) no other entity has priority over a name that is identical or nearly identical; and
 (d) either:
 (i) the name is not of a kind that is undesirable; or
 (ii) the name is of a kind that is undesirable but the Minister has determined under subsection 27(2) that the name is available to the entity; and
 (e) either:
 (i) the name is not constituted by, and does not include, a restricted word or expression; or
 (ii) the name is constituted by or includes a word or expression that is restricted unless a condition is satisfied, and the entity satisfies the condition.