I would like my company name to include a restricted word, what should I do?

ASIC provides a list of words that have a very restricted use in company and business names. This does not mean that you cannot use them but rather that there are extra protocols to follow in order to gain that authority.

Most of these words require Commonwealth ministerial consent. The following words are examples of those under the ambit of the Treasury Guidelines:

  • Trust or Trustee
  • Chartered
  • Co-operative
  • Consumer
  • Words suggesting a connection to the Crown, Royal Family, Government, incapacitated war veterans, ex-serviceman's organisations - though this connection does not exist
  • Donald Bradman
  • Identical Names
  • Click here for all restricted words

In order to apply for any of the above words you should follow these instructions:

  1. Reserve your proposed name with ASIC by submitting a Form 410 with the $45 fee
  2. Lodge your application for ministerial consent with ASIC, ensuring that it addresses the criteria for assessment relevant to your preferred name. The application should also include any evidence, consents and claims in support of submission. There is a $1154.00 fee attached to the application. It should be posted to:

Australian Securities & Investments Commission
PO Box 4000
Gippsland Mail Centre
VIC 3841

ASIC will advise you on the outcome in writing.

This article provides further information about restricted and undesirable names.

This information is of a general nature only and does not constitute professional advice. You must seek professional advice in relation to your particular circumstances before acting.

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