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Companies

A company is registered under the Corporations Act 2001 ('Act') it is automatically registered as an Australian company. This means that it can conduct business throughout Australia without needing to register in individual State and Territory jurisdictions.

Business Names

Businesses that are not companies (eg, sole traders and partnerships) are required to register their business name with the appropriate State/Territory authority (in Queensland this is the Office of Fair Trading). However, this is not necessary if the business is conducted under the name of the person or persons involved; that is, first name and surname, or initials and surname.

It is important to note that registration or use of a business name:
(a) does not create a legal entity (only registering a company creates a legal entity);
(b) does not allow the use of privileges to which a company is entitled, such as a corporate tax rate or limited liability; and
(c) a business name has no legal status.

If a company carries on a business in a name that is different to its company name, it must register the business name with the appropriate State/Territory authority.