Electronic Lodgement Protocol - Business names

This approval has effect under paragraph 68(b) of the Business Names Registration Act 2011.

Australian Securities and Investments Commission Business Names Registration Act 2011 - Paragraph 68(b) – Approval (H2)

1.

Enabling Legislation

1.1

The Australian Securities and Investments Commission makes this approval under paragraph 68(b) of the Business Names Registration Act 2011 (BNR Act).

2.

Revocation

2.1

All previous approvals under paragraph 68(b) of the BNR Act are revoked.

3.

Approval

3.1

Under paragraph 68(b) of the BNR Act We approve electronic lodgement through Our Online Business Name Service as the manner for lodging the documents in Schedule A (Transactions).

Note: For other approved manners of lodgement under section 68(b), see ASIC Approval of manner of lodgement of documents -paper available by contacting Us.

3.2

This approval is the Electronic Lodgement Protocol - Business Names (referred to as the Electronic Lodgement Protocol or ELP in the Online Business Name Service).

3.3

The approval in paragraph 3.1 applies to the lodgement of transactions where you agree to the following terms and conditions.

4.

Access to Our Online Business Name Service

4.1

You may lodge the Transactions with Us electronically through Our Online Business Name Service.

4.2

You must have compatible hardware, software and Your own internet connection to access Our Online Business Name Service.

4.3

You must have a current ASIC Connect account to be able to access ASIC Connect. To obtain an account You must provide Us with requested information and agree to notify Us of any changes to the information provided

4.4

You may link a business name to Your ASIC Connect account to carry out any Transactions in respect of that business name.

4.5

To link a business name to Your ASIC Connect account, You must provide the ASIC Key for that business name.

4.6

You acknowledge that the Transactions may not be accessible from time to time and We will provide notice of the availability of specific online Transactions on the Online Business Name Service.

5.

Authorisation and Use

5.1

You confirm and warrant to Us that You are duly authorised to submit the Transaction.

5.2

You warrant that, where the consent of the business name holder is required, You consent on behalf of the business name holder.

5.3

You warrant that any person using Your ASIC Connect account is so authorised and is aware of, and complies with, this approval.

6.

Incomplete Transactions

6.1

Before submitting a Transaction in ASIC Connect, You may save information related to that Transaction in Your ASIC Connect account for a later time. The information will be saved for a period of 90 days after which it may be deleted. We will not be liable to You or any other person for the loss of any such information, whether accidental or otherwise, before a Transaction is submitted for lodgement.

7.

Receipt of Transactions

7.1

We will issue a summary stating a Transaction number and the date and time of receipt of submitted Transactions.

7.2

Submitted Transactions will not be taken to be received until the summary is issued.

8.

Reliance on Submitted Transactions

8.1

We will rely on submitted Transactions unless You notify Us that the Transactions are not authorised.

8.2

Transactions are taken to be lodged only if We are satisfied that the Transactions meet all the requirements of the Business Names Legislation, including the payment of any fees payable where applicable.

9.

Privacy and Security

9.1

Information provided to us through our Online Business Name Service may include personal information. Please refer to Our Privacy Policy for information about how we handle your personal information, your rights to seek access to and correct personal information, and to complain about breaches of your privacy by ASIC.

9.2

You acknowledge that you have read Our Privacy Policy before you submit a transaction for lodgement.

9.3

You must take all reasonable steps to protect and maintain the security of Your access to Our Online Business Name Service, including maintaining the security of all usernames, passwords, ASIC Keys and any other information relating to access, authentication and security relating to Your access to Our Online Business Name Service.

9.4

You must take all reasonable steps to prevent and detect both unlawful and unauthorised use of Your access to Our Online Business Name Service.

9.5

You must take all reasonable steps to ensure that Your access to and use of Our Online Business Name Service (without limitation including any Transactions submitted to Us) will not disrupt or adversely affect Our Online Business Name Service, the Business Names Register or any of Our other online services.

9.6

You must immediately notify Us if You know or suspect that access or authentication security information has been compromised or any other kind of unlawful and unauthorised use or security breach has occurred, or if You detect a fault, error or problem in Your access to Our Online Business Name Service.

10.

Disclaimer and Liability

10.1

You acknowledge that the speed and characteristics of the Online Business Name Service will vary at times and under varied circumstances and may not always function as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable.

10.2

We will not be liable to You or any other person for any loss, damage, costs or expenses of any kind arising out of or in connection with any delay, omission, default, negligence or error by Us in relation to the availability, functionality or performance of the transmission, receipt, authentication or lodgement or any other dealing with Our Online Business Name Service including any software developed by third parties for that purpose.

10.3

We will endeavour to provide reasonable notice of any changes to the functionality and other characteristics of Our Online Business Name Service. You acknowledge that it may not be reasonably possible to provide notice in all circumstances and that in no event will We be obliged to provide notice exceeding 7 days.

11.

Other Notices

11.1

Except where the Business Names Legislation otherwise provides, We may advise or notify You of any matter on or via Our website, by telephone, SMS, email, or mail to any relevant address You have provided to Us.

12.

Termination, Suspension and Cancellation

12.1

We may terminate Your ASIC Connect account at any time with or without notice if:

We reasonably believe You have breached any clause of the ELP, or

We reasonably believe You have provided Us with incomplete, inaccurate, false or misleading information, or

We consider that Your ASIC Connect account has become inactive.

We may suspend Your ASIC Connect account at any time with or without notice for a period of time determined by Us.

12.2

You may cancel Your ASIC Connect account at any time by notifying Us.

13.

Governing Law and Severability

13.1

The law in force in the Australian Capital Territory governs this approval and the Transactions contemplated by this approval.

14.

Consent to Use Email for the Receipt of Notices under the Business Names Legislation

14.1

You agree to provide a valid email address for the business name and You warrant that the email address will be maintained.

14.2

You consent to Us using the email address provided as the address for the receipt of notices under paragraph 73(b) of the BNR Act and any other correspondence from Us relating to the business name.

14.3

The business name holder may change the address for receipt of notices by notifying Us at any time that the address has changed.

Dated 11 March 2014

Signed by Rosanne Bell as a delegate of the Australian Securities and Investments Commission

Glossary

 

Term

Meaning

ASIC Key

A unique key issued by Us to every business name registered. The ASIC Key is required to conduct Transactions with Us in relation to a business name

ASIC Connect

Online service available at www.asic.gov.au that ASIC customers may use to search ASIC registers and conduct business name transactions.

ASIC Smart Form

An online service that enables an ASIC customer to submit business name transactions to ASIC electronically

Business Names Legislation

Business Names Registration Act 2011, Business Names Registration Regulations 2011, Business Names Registration (Fees) Act 2011, Business Names Registration (Fees) Regulations 2011, Business Names Registration (Transitional and Consequential Provisions) Act 2011, Business Names Registration (Transitional and Consequential Provisions) Regulations 2011, Business Names Registration (Availability of Names) Determination 2012

Business Names Register

The register established and maintained by Us pursuant to section 22 of the BNR Act

Machine to Machine Channel

The service provided by ASIC allowing messages in Extensible Mark-Up Language (XML) to be generated, received and sent to and from ASIC in the prescribed format through the internet.

Online Business Name Service

ASIC Connect , Machine to Machine channel and ASIC Smart Form

The BNR Act

Business Names Registration Act 2011

Transaction or Transactions

Submission and lodgement of documents as required under the Business Names Legislation in the approved manner as set out in Schedule A

We, Us or Our

Australian Securities and Investments Commission

You or Your

An individual, other than Us, who wishes to use Our Online Business Name Service.

Schedule A - Approved online transactions

Transaction

Description

Provision

Apply for a Business Name

Application to register a business name

s23, BNR Act

Apply for a Business Name- Request an alternative Registration period

Application to have an alternative registration period determined for the registration of a new business name

s33, the Act

Cancel or transfer a Business Name

An application to cancel the registration of a business name

s42, the Act

Notice to consent to the registration of a business name to another entity

s31, the Act

Change Business Name Details

Notice of change to Business Name Details including

  • Change business name address
  • Change holder details
  • Change partner details
  • Change representative details

s35, the Act

Other notifications

Notification that an entity has become disqualified or that an entity of a grandfathered business name is disqualified

s36, the Act; Item 11 of Schedule 1, the Transitional Act

Nomination of a principal place of business and nomination of an address for service

Item 17 of Schedule 1, the Transitional Act

An application for a review of an ASIC decision

s57(3), the Act; Item 28 of Schedule 1, Transitional Act

Search

Application for a copy of entries in the Business Names Register

s60, the Act

What is an ASIC key?

Your ASIC key is a unique number used in ASIC Connect that helps us establish your identity and protects your business information by making sure only you and those you have authorised can access it.

Learn more about ASIC keys

What is an AUSkey?

AUSkey is a single key to access government online services. In the future, you may no longer need different user IDs and passwords as AUSkey becomes accepted by more government agencies for their online services.

Learn more about AUSkeys

What is a corporate key?

A corporate key is an 8-digit number uniquely associated with a company’s ACN. Your company needs only one corporate key.

Learn more about corporate keys

Last updated: 23/03/2016 03:07