Restricted words and expressions in business names

Certain words and expressions are restricted from use in business names, for example, because they may mislead consumers.

ASIC cannot register a business name that includes a restricted word or expression unless the applicant has first obtained consent from the relevant portfolio Minister, or the Minister’s Delegate, to be allowed to use it in a business name.

• What words and expressions are restricted?
• Part 1 restricted words and expressions
• Part 2 restricted words and expressions
• Part 3 restricted words and expressions
• Specific name restrictions in other legislation
• Review of decisions
• Related links

What words and expressions are restricted?

The words and expressions that are restricted in business names are set out in Schedule 2 of the Business Names Registration (Availability of Names) Determination 2015 (the Names Determination).

This restriction also applies to:

• Words or expressions that have the same or a similar meaning,
• Abbreviations of restricted words or expressions, and
• A restricted word that is embedded in a name.

Where a business name includes a restricted word as part of a group of characters, it may also require consent. For example, the name 'Southbank Cafe' contains ‘Bank’, which is a restricted word.

There are three categories of restricted words and expressions, each with a different application process. Refer to the relevant parts below for details on how to apply for consent.

Part 1 restricted words and expressions

The words and expressions in the following table are restricted under Part 1 of Schedule 2 of the Names Determination.

Certain senior officers of ASIC have been authorised by the Minister to approve consent to use restricted words and expressions in a business name.

The Guidelines for Ministerial consent to business names under the Business Names Registration Act 2011 (the Guidelines) set out the procedures to be followed and the criteria to be applied in considering applications for consent.

If you wish to apply for consent to use a restricted word or expression in a business name, you should first check that you satisfy the criteria set out in the Guidelines.  You can view the full Guidelines through the link above, or use the links in the table to view the criteria relevant to a particular word or expression.

How to apply

When you are ready to apply for consent, email your letter of application together with any supporting documents that demonstrate how the relevant criteria have been satisfied to ASIC at bn.reviews@asic.gov.au.

We expect your application to include:

• your name and contact details;
• the name and ABN of the proposed holder of the business name;
• the business name you propose to register;
• the criteria that applies to your application, e.g. state if your application is made under criterion (d) of the guidelines to use the restricted word Trust in a business name;
• an explanation detailing how the relevant criteria is or will be satisfied; and
• supporting documents where applicable, e.g. a copy of the trust deed if you apply on the basis that you are the trustee of a trust.

Item	Word or expression
101	Aboriginal Corporation
102	Aboriginal Council
103	Advance Australia
104	Ambulance
105	Australian Made
106	Chamber of Commerce
107	Chamber of Industry
108	Chamber of Manufacturers
109	Charitable
110	Charity
111	Chartered
112	Consumer
113	Co-operative
114	Executor
115	Fiduciary
116	Fire Brigade
117	Friendly Society (otherwise than in relation to the conduct of a financial business)
118	Futures exchange
119	GST
120	G.S.T.
121	Guarantee
122	ICPO (International Criminal Police Organisation)
123	Incorporated
124	Interpol
125	Lest We Forget
126	Made in Australia
127	Order of the Eastern Star
128	Police
129	Policing
130	Proprietor
131	R.S.L.
132	RSL
133	Securities Exchange
134	Securities Market
135	Starr-Bowkett
136	Stock Exchange
137	Torres Strait Islander Corporation
138	Trading As
139	Trust
140	Trustee
141	Proprietary
142	Limited
143	No Liability