Transfer a business name
There are some situations in which you would be required to provide consent to transfer a business name.
These include:
- If you are changing the entity that holds the business name. For example, the business was held by two people in partnership but now one of the partners has left and the entity is now an individual rather than a partnership.
- If you are selling a business to another entity. For example, you have sold your plumbing business including the ownership of the business name.
- If you choose to pass the business name onto a relative. For example, if your son or daughter is taking over the business.
Changing the entity that holds a business name
If the entity that holds a business name changes, they must lodge an application to cancel the business name and transfer it to the new entity. Once the application has been accepted, we will issue a consent to transfer number.
You need to provide the proposed business name holder with the consent to transfer number to enable them to register the business name. When applying for registration the proposed holder needs to provide a new ABN and the consent to transfer number for the new entity.
Examples of possible changes include:
- The holder sells the business and the business name to somebody else.
- If removing partners from a partnership results in one remaining partner, then the business name holder is now an individual not a partnership.
- If an individual running a business sets up a trust to run the business, then the holder becomes a trust not an individual.
- If a change in partners of a partnership isn’t permitted in the partnership agreement, then a new partnership under a new agreement would result. This is a different entity than originally registered the business name.
Selling a business
If you sell your business and business name, you will need to cancel the business name and transfer the business name to a new holder.
Once the new business name holder applies to register the business name, they can start trading immediately. Both names will be displayed on the national business names register for a period of 28 days. After this time, the register will be updated to display only the details of the new business name holder.
Agents
Current and proposed business name holders can authorise a person to act on their behalf.
User guides
See our user guide for step by step instructions on How to transfer a business name.
Want more information? See our user guides section.
How to transfer a business name
For current business name holders:
Step 1: Log into ASIC Connect
Step 2: Get an ASIC key
Step 3: Use your ASIC key to link your business name to your account
Step 4: Complete a 'Cancel/Transfer business name transaction
Step 5: Obtain the consent to transfer number
Step 6: Give the consent to transfer number to the proposed business name holder
Step 1: Log into ASIC Connect
Log into ASIC Connect
by selecting the ‘Log in’ button or create an ASIC Connect account by selecting the 'Sign up' button.
|
Step 2: Get an ASIC key
You will need the ASIC key (similar to a PIN number for a bank account) for the business name to cancel and transfer the business name. Learn more about the ASIC key.
When you log in for the first time, if you don’t already have an ASIC key for your business name, request one when prompted. It will be sent to the address for service of documents we have on record for the business name.
Check the address for service of documents we have for your business name by searching the Business Name Index on ASIC Connect Search
. If your address is incorrect, please contact us
.
Step 3: Use your ASIC key to link your business name to your account
Use your ASIC key to link your business name to your account.
Step 4: Complete a 'Cancel/Transfer business name' transaction
From the 'Lodgements & Notifications' tab, select your business name and then select the 'Cancel/Transfer business name' transaction.
Then select: ”I would like to cancel & transfer this business name” (second option).
Please note that once a cancellation application is submitted it cannot be withdrawn.
Step 5: Obtain consent to transfer number
Once you have submitted your transaction, we will send a consent to transfer number to the email address of the person that submitted the transaction.
Each business name holder (and any other representatives recorded in the business names register) will also receive a written notification of the intention to cancel the business name. This provides them with at least 28 days notice that we intend to cancel the business name. This is to ensure that all relevant parties are informed of the request to cancel the business name and prevents unauthorised attempts to cancel a business name.
Step 6: Give the consent to transfer number to the proposed business name holder
You need to give the consent to transfer number to the proposed business name holder. They will then be able to apply to register the business name online using ASIC Connect
.
For proposed business name holders:
Step 1: Obtain consent to transfer number
Step 2: Register business name
Step 1: Obtain consent to transfer number
The current business name holder or authorised third party is responsible for providing you the consent to transfer number.
Step 2: Register business name
You can apply at any time to register the business name online through ASIC Connect
.
When registering your business name through ASIC Connect
, ensure that the business name is entered EXACTLY as it appears on our register. You can check how it appears by searching the Business Names Index on ASIC Connect Search
.
You must also enter the consent to transfer number in the format provided – ‘1-' followed by 10 digits e.g. 1-1234567890.
Your online application will be registered immediately and displayed on the national business names register along with the previous business name holder for a period of 28 days after the registration.
After you have applied to register the business name, you can conduct business under the business name for up to three months without committing an offence even if the registration has not been finalised.
The name will not be available for registration by anyone who cannot provide the consent to transfer number until after three months have passed.
ASIC Website: Printed 05/22/2013