Queensland Consolidated Acts

BUSINESS NAMES ACT 1962 - SECT 7

(1) An application for the registration of a business name shall be made by lodging with the registrar a statement in the approved form which shall be signed by the person or persons carrying on or proposing to carry on business in the State under that name shall be accompanied by the prescribed fee and shall set out—

(a) the business name; and

(b) a concise description of the true nature of the business carried on or proposed to be carried on under that name by the applicant or applicants; and

(c) the address of each place in the State where the business is or is proposed to be carried on showing, if the business is or is proposed to be carried on at more than 1 place in the State, which of those places is or is to be the principal place of business; and

(d) a postal address to which correspondence may be directed; and

(e) the given names and family name, the date and place of birth and the usual place of residence of each applicant who is an individual and the corporate name and the place of the registered office of each applicant which is a corporation; and

(f) the date or proposed date of commencement of the carrying on of business in the State under the business name by the applicant or applicants; and

(g) whether the term of the proposed registration of the business name is 1 year or 3 years; and

(h) where the business name is a name adopted by the applicant or applicants in substitution for another name—that other name.

(2) For an applicant who is an individual, the application must be accompanied by proof of the applicant's identity prescribed under a regulation.

(3) Subject to this Act the registrar shall upon the lodging of a statement under subsection (1) in relation to a business name register the business name for the term stated in the application for registration.

(3A) The term of the registration of the business name can not be changed during the current term of the registration.

(4) The registrar shall upon registering a business name issue a certificate of registration in the approved form signed by the registrar.

(5) The registrar may upon payment of the prescribed fee issue a further certificate of registration.

(6) A business name shall not be registered under this Act if the statement referred to in subsection (1) is lodged with the registrar on a date preceding by more than 2 months the date shown in the statement as the proposed date of commencement of carrying on business.

(7) The registrar may refuse to register a business name if the registrar is not satisfied that the particulars set out in the statement lodged under subsection (1) are correct.

(9) Where the applicant or applicants seek the registration of a business name in substitution for a business name (the substituted name) already registered under this Act in relation to the applicant or applicants he or she, or as the case may be, each of them shall in the statement referred to in subsection (1)—

(a) apply to the registrar for the cancellation of the registration of the substituted name (which cancellation, the registrar is hereby empowered to effect); and

(b) include the following notification—

'TAKE NOTICE that the applicant or applicants in relation to whom this application is being made formerly carried on business under the business name of which name is abandoned. AND TAKE FURTHER NOTICE that an application is being hereby made in this application for the cancellation of that business name.'