Tag: asic

New National Business Names Register

We have written about the difference between business names and trade marks on our associated blog. Business names are separate from trade marks and you must register a business name if you are trading under a different name from you or your company’s name.

The Australian Federal Government has taken concrete steps towards reforming the way that business names are managed in Australia and has passed the Business Names Registration Act 2011 in November 2011. The Act establishes a National Business Names Register which will be administered by the Australian Securities and Investment Commission, and will streamline and consolidate the various business name registration schemes in each state and territory.

The objectives of the reforms are to:

  • Allow for online applications and registrations for business names and ABNs
  • Provide an online database to allow ease of access and searching
  • Streamline and consolidate the various schemes into one scheme
  • Reduce costs
  • Avoid confusion over similar names
  • Determine if names are unsuitable or undesirable

The National Business Names Register is now live and can be found at ASIC’s website.

Legal Advice for Small Businesses

Do you run a business? What sorts of legal issues do you normally encounter when running your business? For that matter, when was the last time you saw a solicitor? Would it be before you started your business – or only after you encountered a problem?

Solicitors are a little bit like doctors. You usually only ever see a doctor when you are sick – when something has gone wrong with your body. In the same way, businesses usually see solicitors when something has gone wrong. That shouldn’t be the case.

It is understandable that a majority of businesses are averse to seeking legal advice from a solicitor. Legal advice is often seen to be intrusive, complicated, annoying, and more often than not – expensive. However, the reality of the situation is that in order for your business to be successful, you need to get your business in order – and that includes sorting our your legal obligations as well as seeking ways in which your business can better protect itself. And the sooner you can do that, the easier it is to deal with problems in the future.

What sorts of matters do businesses commonly deal with? Terms of Trade, Trade Practices, Compliance with ASIC, Intellectual Property, Confidentiality, Leases, Bad Debts, Contracts, Disputes… the list is innumerable. Yes, you can ignore it or attempt to deal with it on your own. However the bottom line is that if something goes wrong, a significant sum of money can be spent attempting to rectify the problem. In contrast, investing a little time and money into getting some advice beforehand can greatly reduce the chances of such an incident occurring.

After all, if you have peace of mind in these aspects, you can better concentrate on running your business.

We want you to succeed – so if you ever need any help or a quick consultation and review of your business practices – please do not hesitate to call us!