Australian Capital Territory

business names regulations
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 11 November 1996
TABLE OF PROVISIONS
Regulation
	1.	Citation
	2.	Interpretation
	5.	General requirements for documents
	6.	Annexures and documents accompanying forms
	7.	Signature of documents

Citation
1.  These Regulations may be cited as the Business Names Regulations.1
Interpretation
2.  (1)  In these Regulations, unless the contrary intention appears—
“agent” has the same meaning as in the Companies Regulations;
“the Act” means the Business Names Act 1963.
General requirements for documents
5.  (1)  Unless the Registrar-General otherwise approves, a document lodged with the Registrar-General shall—

	(a)	be on paper of medium weight and good quality and of foolscap folio size or international sheet size A4;
	(b)	be clearly printed, written or otherwise produced in a manner that is permanent and will make possible a reproduction by photographic means that is satisfactory to the Registrar-General;
	(c)	not be a carbon copy, or a copy reproduced by any spirit duplication method;
	(d)	have margins of not less than 25 millimetres on the left-hand side and not less than 13 millimetres on the right-hand side;
	(e)	where it comprises 2 or more sheets, be fastened together securely in the top left-hand corner; and
	(f)	have endorsed on the outside—
	(i)	on the upper left-hand corner—the registered number (if any) allotted by the Registrar-General to the business name to which the document relates;
	(ii)	the business name to which the document relates;
	(iii)	the title of the document (being, if the document is in an approved form, the same as the heading to the form);
	(iv)	the name, address and telephone number of the person by whom, or on whose behalf, the document is lodged; and
	(v)	the following words:
	“Lodged with the Registrar-General on
				.”.
(2)  Where the address of the office of a corporation is required, full particulars of its situation shall be provided so as to enable it to be readily located.
(3)  The name of a person signing an approved form that is lodged with the Registrar-General shall be legibly written under or alongside the signature of that person.
Annexures and documents accompanying forms
6.  (1)  Where the space provided for a particular purpose in a form is insufficient to contain all the required information in relation to a particular item, that information shall be set out in an annexure.
(2)  An annexure to a form shall be marked with an identifying letter and endorsed with the words:
This is the annexure of .............. pages marked with the letter
............... referred to in the (insert description of form) signed by me
and dated .............................
							...........................
							         Signature(s)
and signed by each person signing the form to which the document is annexed.
(3)  The pages in an annexure shall be numbered consecutively.
(4)  Where a document, copy of a document, or other matter is annexed to or accompanies a form, reference made in the form to the annexure shall be by its identifying letter, the number of pages in it, and a brief description of the nature of the document and its contents.
(5)  A reference to an annexure includes a document, copy of a document, or any other matter accompanying or annexed to a form.
Signature of documents
7.  (1)  Subject to the Act and these Regulations, a document relating to a corporation that is lodged by or on behalf of a corporation shall be signed—
	(a)	by a director, or secretary or the principal executive officer of the corporation; or
	(b)	if the corporation is a foreign company—by a person referred to in paragraph (a), by the agent of the foreign company or, if that agent is a company, by a director, or secretary or the principal executive officer of the agent.
(2)  In this regulation, “foreign company” and “principal executive officer” have the same meanings respectively, as in section 5 of the Companies Act 1981 of the Commonwealth.

NOTES
1.	The Business Names Regulations (in force under the Business Names Act 1963) as shown in this reprint comprise Regulations 1966 No. 11 amended as indicated in the Tables below.
	The Business Names Regulations were amended by the Business Names (Amendment) Act 1990 and the Registrar-General (Consequential Provisions) Act 1993.  The amendments are incorporated in this reprint.
	For application, saving or transitional provisions relating to the amendments see the last-mentioned Act.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Regulations
Year and
number	Date of making	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

1966 No. 11	7 Sept 1966	15 Sept 1966	15 Sept 1966		
1976 No. 10	1 July 1976	14 July 1976	14 July 1976	—	
                   19	15 Oct 1976	26 Oct 1976	1 Nov 1976	—	
1977 No. 20	5 Aug 1977	24 Aug 1977	24 Aug 1977	—	
1979 No. 26	26 Nov 1979	29 Nov 1979	29 Nov 1979	—	
1982 No. 16	22 June 1982	29 June 1982	1 July 1982	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

R. 2	am. 1982 No. 16; Act No. 27, 1990
Rr. 3, 4	rep. Act No. 27, 1990
R. 5	am. 1976 No. 10
	rs. 1982 No. 16
	am. Acts Nos. 27, 1990 and 64, 1993
R. 6	rep. 1976 No. 19
	ad. 1982 No. 16
R. 7	ad. 1982 No. 16
First Schedule	rep. Act No. 27, 1990
Second Schedule	am. 1977 No. 20; 1979 No. 26; 1982 No. 16
	rep. Act No. 27, 1990
Third Schedule	rep. 1976 No. 19