Business Names Amendment Regulations (No. 2) 2004 (WA)

20 .July 2001 GOVERNMENT GAZETTE, WA 2903

CE301*

Business Names Act 1962

Business Names Amendment Regulations

(No. 2) 2004

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Business Names
Amendment Regulations (No. 2) 2004.

2.            The regulations amended

The amendments in these regulations are to the Business Names
Regulations 1962*.

[* Reprinted as at 21 June 2002.

For amendments to 3 June 2004 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 40 and
Gazette 9 January 2004.]

3.             Regulation 8 amended

Regulation 8(e)(iii) is amended by deleting "Corporate Affairs" in both places where it occurs and inserting instead —

" Fair Trading ".

4.            First Schedule amended

The First Schedule is amended as follows:

(a)	in the First Column by deleting "7(1), (2); 8(1)" and inserting instead
44 7
(b)

in the First Column by deleting "12(1)(a), (b), (2), (4)" " 12(1), (2), (3), (4) '';

(c) by deleting the row relating to form 7.

2904 GOVERNMENT GAZETTE, WA 20 July 2004

5.            Second Schedule amended

(1) The Second Schedule Form 1 is deleted and the following form

is inserted instead -

Form 1 - Application for registration of a business name

Business Names Act 1962 s. 7

Business Names Regulations 1962 Form I

Application for registration of a business name

[Please use BLOCK LETTERS]

Details of the business

1 Business name to

- be registered

2	Alternative names	2nd preference:
3rd preference:
(if above name not	4111 preference:
available)

3 Existing business

- name [if any]	[if existing business name is to be cancelled, complete Form 5]
4 Nature of business
- [be concise]
5 Address(es) in WA Principal place	where business is or of business:
is proposed to be Other place:
carried on
[include postcode(s)] Other place:

6 Address in WA for

service of notices

under the Act [postal

- address acceptable]

7 Commencement

- date of business

Details of the persons who do or ill carry on the business

8 Applicants who are	Surname: Given names:
individuals	Date of birth: Residential address:
[give date of birth if	(not P.O. Box No.)

under 18 years of age]	Signature: Surname:
[if insufficient space,	Given names:
attach an annexure]	Date of birth: Residential address: (not P.O. Box No.) Signature: Have any of the above persons been convicted in WA or elsewhere -

• on indictment of an offence in connection with the promotion, formation or management of a corporation;

• of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or

• of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation?

Yes/No this form.

20 July 2004 GOVERNMENT GAZETTE, WA 2905

9 Applicants who are Corporation name:

ACN:

corporations	Registered office:
[the officer signing must Officer's full name:	(not P.O. Box No.)
be a director or	Officer's signature:  Date:
secretary of the	Officer's position:
corporation]	Corporation name: ACN:
[if insufficient space,	Registered office:
attach an annexure]	(not P.O. Box No.)
Officer's full name:
Officer's signature:  Date:
Officer's position:

Details of person who may be contacted about Misapplication

10 Name:

Address:
Telephone:

Fax:

-	Email:
(2) The Second Schedule Form 2 is amended by deleting

"Corporate Affairs"	and inserting instead -
" Fair Trading "

(3) The Second Schedule Form 3 is deleted and the following form
is inserted instead -

Form 3 - Statement for renewal of registration of a

business name

Business Names Act l962s. 11(1)

Business Names Regulations 1962 Form 3

Statement for renewal of registration of a business name

[Please use BLOCK LETTERSI

Details of the business

1 Registered business

name

2 Registration

- number

3 Date registration

- expires

4 Nature of business

-	[be concise]
5 Address(es) in WA	Principal place of business:
where business is	Other place:
being carried on
[include postcode(s)]	Other place:

6 Address in WA for

service of notices

under the Act [postal

- address acceptable]

2906 GOVERNMENT GAZETTE, WA 20 July 2004

Details of the persons who carry on the business

7 Individuals Surname:
Given names:
Surname:
Given names:
Surname:
Given names:
Have any of the above persons been convicted in WA or
elsewhere -

• on indictment of an offence in connection with the promotion, formation or management of a corporation;

• of an offence involving fraud or dishonesty punishable on conviction with imprisonment for 3 months or more; or

• of any other offence relating to the management or administration of a corporation or the purchase or selling of shares in a corporation?

Yes/No
this form.

S Corporations	Corporation name:
ACN:
Corporation name:
ACN:
Corporation name:
ACN:

Declaration

9 Declaration	I declare that the persons named above are carrying on a business under the above business name and that
[making a false	all the details on this form are true and correct.
declaration is an offence	Telephone:  Email:
with a penalty of
Si 0001	Surname & given names:
Signature:  Date:
Corporation name:
ACN:
Officer's full name:
Officer's signature:  Date:
Officer's position:
10 Capacity of person	An individual carrying on the business. An officer who is a director or secretary of a corporation
making declaration	carrying on the business.

- [tick one box]

(4) The Second Schedule Form 4 is deleted and the following form
is inserted instead -

33

Form 4—Statement of change in registered particulars

Business Names Act 1962 s. 12(1), (2), (3) & (4)

Business Names Regulations 1962 Form 4

Statement of change in registered particulars

[Please use BLOCK LETTERS]

Details of the business

1 Registered business

name

2 Registration

number

20 July 2004 GOVERNMENT GAZETTE, WA 2907

Change of place(s) of the business [Act s. 12(1)(b)J

3 New address(es) in New	principal
WA where the	place of business:
business is carried	Date opened:
New additional
on
[include postcode(s)]	place of business: Date opened:

4 Address(es) in WA Address:

where the business Date closed:

no longer carried on Address:

Date closed:

- [include postcode(s)]

- Change of address for service of notices [Acts. 12(1)(c)I

5 New address in WA

for service of
notices under the

Act [postal address

- acceptable]

6 Date of change

- Change of nature of the business [Act s. 12(1)(a)J

7 New nature of

- business

8 Date of change

Person(s) who have commenced carrying on the business (Acts. 12(4)J

9 New individuals carrying on the	Surname:
Given names:
business	Residential address: (not P.O. Box No.)
[give date of birth if	Date commenced:
under 18 years of age]	Surname: Given names: Date of birth: Residential address: (not P.O. Box No.) Date commenced: Has a person specified above been convicted in WA or elsewhere -

• on indictment of an offence in connection with the promotion, formation or management of a

corporation;

• of an offence involving fraud or dishonesty

punishable on conviction with imprisonment for

3 months or more; or

•	of any other offence relating to the management
or administration of a corporation or the purchase or selling of shares in a corporation?

Yes/No this form.

10 New corporations	Corporation name: ACN:
carrying on the	Registered office:
business	(not P.O. Box No.)
Date commenced:  Date:
Corporation name: ACN: Registered office:
(not P.O. Box No.)
Date commenced:  Date:

2908 GOVERNMENT GAZETTE, WA 20 July 2004

Person(s) who have ceased carrying on the business [Act s. 12(3)1

11 Individuals who	Surname: Given names:
have ceased to	Date ceased:
carry on the	Surname:
business	Given names: Date ceased:
12 Corporations that	Corporation name: ACN:
have ceased to	Date ceased:
carry on the	Corporation name:
business	ACN: Date ceased:

Details of all person(s) continuing to carry on the business

[To be completed only if any of items 9 to 12 above has been completed]

13 Individuals who Surname:

continue to carry on Given names:

the business	Surname: Given names: Address:
14 Corporations that	Corporation name:

continue to carry on ACN:

tue business k Registered office:
(not P.O. Box No.)
Corporation name:
ACN:
Registered office:
(not P.O. Box No.)

Change of details of person(s) carrying on the business [Act s. 12(2)J

15 Change of name	Old name:
[e.g. by marriage or	New name:
deed poll]	ACN (if corporation): Date of change:
16 Change of address	Surname & given names or corporation name & ACN: Old address:
New address: Date of change:

Declaration

Who must complete this declaration

• If item 3, 4, 5 or 7 above is completed - any one of the persons carrying

on the business.

•	If item 9 or 10 above is completed -	the continuing and commencing
proprietors.
•	If item 11 or 12 above is completed -	the continuing and ceasing
proprietors.
•	If item 15 or 16 above is completed -	the person or corporation named in
the item.

[For details of the above see the Act s. 12(1), (2), (3) & (4).]

17 Declaration	I/we declare that all the details on this form are true and correct.
18 Signatures	Surname & given names:
Signature:  Date:
[making a false	Surname & given names:
declaration is an offence Signature:	Date:
with a penalty of	Corporation name:
Si 000]	ACN: Officer's full name:
[the officer signing must Officer's signature:	Date:
be a director or	Officer's position:
secretary of the  corporation]

2() .luly 20) 1	GOVERNMENT GAZETTE, WA	2909
Corporation name:
ACN:
Officer's full name:

Officer's signature:	Date:
Officer's position:

(5) The Second Schedule Form 5 is deleted and the following form

is inserted instead —

44

Form 5— Notice of cessation of business under business name

Business Names Act 1962 s. 12(3)

Business Names Regulations 1962 Form 5

Notice of cessation of business under business name

[Please use BLOCK LETTERS]

1 Registered

business name

2 Registration

number

3 Notice of	I/we give notice that the business formerly carried on
cessation	under the above business name has ceased to be carried on in Western Australia as from and including
the day of 20 .
4 Signatures of all	Surname & given names
Signature:  Date:
persons in relation	Surname & given names

to whom the . Signature: Date:

business name is	Corporation name:
registered	ACN: Officer's full name:
[the officer signing	Officer's signature:  Date:
must be a director or	Officer's position:
secretary of the	Corporation name:
corporation]	ACN:
Officer's full name:
Officer's signature:  Date:
Officer's position:
(6)	The Second Schedule Form 6 is deleted.
(7)	The Second Schedule Form 7 is deleted.

By Command of the Governor, M. C. WAUCHOPE, Clerk of the Executive Council.