New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 4

4 Business names to be registered

(1) A person must not carry on business in New South Wales under any business name unless the business name is registered in the name of that person and of each other person (if any) with whom that person is carrying on that business.

Maximum penalty: 50 penalty units.

(2) This section does not prevent a person from carrying on business:

(a) under the proper name of that person and of each other person (if any) with whom that person is carrying on that business, or

(b) under a registered business name, or under a name referred to in paragraph (a), to which are added words that indicate that the business to which the name relates is being carried on in succession to a former owner of the business, or

(c) under a registered business name that is not yet registered in the name of that person, but only during the one-month period referred to in section 11 (1), or

(d) under an unregistered business name that contains foreign language characters, so long as the person also carries on the business under a registered business name that is an English language equivalent of the unregistered business name, or

(e) under any unregistered business name, so long as all orders for the goods or services provided by the business are received exclusively by means of an on-line service.

(3) For the purposes of this section, a business carried on by a receiver, manager, administrator or trustee appointed pursuant to any agreement or court order, or pursuant to any Act or law, is taken to be carried on by the person in respect of whom he or she is appointed.