Business Names Regulations (NT)

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NORTHERN TERRITORY OF AUSTRALIA

BUSINESS NAMES REGULATIONS

As in force at 14 June 2006

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Citation2 — Interpretation3 — Forms4 — Strict compliance with forms not necessary5 — Directions in forms6 — General requirements for documents lodged with Registrar8 — FeesThe SchedulesSecond ScheduleThird ScheduleENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 June 2006

BUSINESS NAMES REGULATIONS

Regulations under the Business Names Act

1Citation

These Regulations may be cited as the Business Names Regulations.

2Interpretation

(1)
In these Regulations, the Act means the Business Names Act.
(2)
In these Regulations:
- (a)
  a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations; and
- (b)
  a reference to a form by number shall be read as a reference to the form so numbered in the Second Schedule.
3Forms
Where a provision of the Act is specified in the first column of the First Schedule, the form set out in the Second Schedule the number of which is specified in the third column of the First Schedule opposite to that provision is prescribed as the form to be used for the purposes of that provision in relation to the matter or thing described in the second column of the First Schedule opposite to that provision.

4Strict compliance with forms not necessary

Strict compliance with the forms contained in the Second Schedule is not necessary, and substantial compliance is sufficient.

5Directions in forms

A form prescribed by these Regulations shall be completed in accordance with such directions as are specified in the form as so prescribed.

6General requirements for documents lodged with Registrar

A document to be lodged with the Registrar in pursuance of the Act or these Regulations shall comply with the following requirements:

(a)
the document shall be on paper of medium weight and good quality and of A4 folio size;
(b)
the document shall be printed, typewritten or handwritten, or in part printed, in part type-written or in part handwritten, and shall be legible;
(c)
the document shall not be a carbon copy;
(d)
where the document comprises 2 or more sheets, the sheets shall be bound together securely.

8Fees

(1)
The fees specified in the third column of the Third Schedule shall be paid to the Registrar in respect of the respective matters in the second column of that Schedule opposite to which they are so specified.

The Schedules

FIRST SCHEDULE

regulation 3

LIST OF FORMS

First Column Section of Act	Second Column Description	Third Column Number of Form
Section –
7(1), (2),	Application for registration of 8(1) business name	1
7(4), (5)	Certificate of registration of business name	2
11(1)	Renewal of registration of business name	3
12(1)(a), (b), (2)	Statement of change in certain particulars	4
12(3)	Notice of cessation of business under business name	5
12(3), (4), (5), (6), (8)	Statement of change in persons in relation to whom business name is registered	6
12(1)(c)	Statement of change in particulars relating to resident agent	7
12(7)	Notice that person has ceased to be resident agent	8
12(9), (10)	Notice of appointment of resident agent	9

Schedule 2

FORM 1

NORTHERN TERRITORY OF AUSTRALIA

Business Names Act

sections 7(1), (2), 8(1)

APPLICATION FOR REGISTRATION OF BUSINESS NAME*

1.
Business name:
2.
Where the business is or is proposed to be carried on:
- (a)
  at one address in the Northern Territory, state that address:
- (b)
  at more than one address in the Northern Territory, state:
  - (i)
    the principal address:
  - (ii)
    each other address:
3.
Concise description of nature of business:
4.
Name and other particulars of each applicant:

Given Names and Surname of each Individual and Corporate name of each Corporation

Former Given Names or Surname (if any) of each Individual

Usual Place of Residence of Individual and Place of Registered Office in the Northern Territory of each Corporation

5.
Date or proposed date of commencement of carrying on business in the Northern Territory under the above-mentioned business name by the applicant(s):
6.
If the business name shown above (Item 1) is a name adopted in substitution for a business name already registered by the applicant(s), state other name:
‡7.
Full name and address of resident agent authorized, in writing, to accept service on behalf of the persons carrying on or proposing to carry on business under the above business name of any notices for the purposes of the Business Names Act and of any process:
Signed at                on the                   day of                  , 20 .
(Usual Signature)#
or
Signed by             director/manager/secretary or agent** of
Limited at                   on the                    day of                    , 20 .
(Usual Signature)#
Signed by the person who has consented, in writing, to be the resident agent, at                          this                      day of                 , 20 .
(Usual Signature of Resident Agent)
______________________________________________________
*A business name cannot be registered more than 2 months before the proposed date of commencement of business.
If any applicant is under the age of 18 years, he is to be described as an infant and the date of his birth is to be set out in the above statement.
‡This item is to be completed where the person or ALL the persons carrying on or proposing to carry on business in the Northern Territory under a business name resides or reside outside the Territory or has or have no fixed address within the Territory.
#This statement is to be signed by the person or ALL the persons carrying on or proposing to carry on the business or by some person or persons authorized, in writing, to sign the statement on his or their behalf. In the case of a corporation, the statement is to be signed by an officer of the corporation.
**Strike out whichever are inapplicable.
FORM 2
NORTHERN TERRITORY OF AUSTRALIA
Business Names Act
No.                                                                                    section 7(4), (5)
CERTIFICATE OF REGISTRATION OF BUSINESS NAME
I hereby certify that the name
was on the                   day of                  , 20
registered as a business name under the Business Names Act.
Given under my hand at                , this                         day of            , 20    .
Registrar of Business Names
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
Business Names Act
section 11(1)
STATEMENT FOR RENEWAL OF REGISTRATION OF BUSINESS NAME
1.
Business name:*
2.
Where the business is carried on:
- (a)
  at one address in the Northern Territory, state that address:
- (b)
  at more than one address in the Northern Territory, state:
  - (i)
    the principal address:
  - (ii)
    each other address:
3.
Concise description of nature of business:
4.
Name and other particulars of each person carrying on business under the business name:

Given Names and Surname of each Individual and Corporate name of each Corporation

Former Given Names or Surname (if any) of each Individual

Usual Place of Residence of Individual and Place of Registered Office in the Northern Territory of each Corporation

‡5.
Full name and address of resident agent authorized, in writing, to accept service on my/our** behalf of any notices for the purposes of the Business Names Act, and of any process:
Signed at                    on the                    day of                 , 20    .
(Usual Signature)#
or
Signed by               director/manager/secretary or agent** of
Limited at                    on the                   day of                   , 20    .
(Usual Signature)#
Signed by the person who has consented, in writing, to be the resident agent, at                         on the
day of                      , 20    .
(Usual Signature of Resident Agent)
*Here insert business name as registered.
If any individual is under the age of 18 years, he is to be described as an infant and the date of his birth is to be set out in the above statement.
‡This item is to be completed where the person or ALL the persons carrying on the business resides or reside outside the Northern Territory or has or have no fixed address within the Territory.
#This statement is to be signed by the person or ONE of the persons in relation to whom the name is registered or by some person authorized, in writing, to sign the statement on his or their behalf. In the case of a corporation, the statement is to be signed by an officer of the corporation.
**Strike out whichever is or are inapplicable.
FORM 4
NORTHERN TERRITORY OF AUSTRALIA
Business Names Act
section 12(1)(a), (b), (2)
STATEMENT OF CHANGE IN CERTAIN PARTICULARS*
Business name:
Address of principal or only place of business:
Addresses of all other places of business:
1.
The nature of the business has been changed and the following is a concise description of the present nature of the business:
Date of change:
‡2.
The place (or one of the places of business)# has been changed from to
Date of change:
3.
The business is being carried on at the following additional place or places:
Date of change:
4.
Business has ceased to be carried on at the following address:
Date of change:
5.
The principal place of business has been changed to:
Date of change:
6.
The residential address (or, in the case of a corporation, the registered office in the Northern Territory)** of
has been changed to:
Date of change:
7.
The name of
has been changed to:
Date of change:
Signed at                  on the                  day of                  , 20    .
(Usual Signature)‡‡
Signed by                      director/manager/secretary or agent# of
Limited at                  on the                day of                 , 20    .
(Usual Signature)‡‡
*Only such of items 1 to 7 inclusive as are appropriate in the circumstances should be completed. Items which are inapplicable should be deleted.
Here insert business name as registered.
‡Insert the words "The address of", where the situation of the place of business is unaltered but the address has been changed, e.g., by renaming of the street or renumbering of the premises.
#Strike out whichever is or are inapplicable.
**Here insert full name of individual or corporation.
  Here insert former name of individual or corporation.
‡‡This statement is to be signed:
- (a)
  in the case of changes 1 to 5, by the person, or ONE of the persons, in relation to whom the name is registered at the time of the change or by some person authorized, in writing, to sign the statement on his or their behalf;
- (b)
  in the case of changes 6 and 7, by the person in respect of whom the change has occurred or by some person authorized in writing to sign the statement on his behalf.
In the case of a corporation the statement is to be signed by an officer of the corporation.
FORM 5
NORTHERN TERRITORY OF AUSTRALIA
Business Names Act
section 12(3)
NOTICE OF CESSATION OF BUSINESS UNDER BUSINESS NAME*
Business name:
Notice is hereby given that on the               day of               , 20     , business ceased to be carried on in the Northern Territory under the above-mentioned business name by the person (or all of the persons)‡ in relation to whom the business name is registered.
Signed at                      on the                   day of                  , 20    .
(Usual Signature)**
or
Signed by                     director/manager/secretary or agent‡
of                            Limited at                               on the                 day
of                                                      , 20    .
(Usual Signature)**
*Where business is to be continued under the business name by some other person or persons, Form 6 is to be completed in lieu of this form.
Here insert business name as registered.
‡Strike out whichever is inapplicable.
**This statement is to be signed by each person who was carrying on business under the business name immediately before the cessation or by some person authorized, in writing, to sign the statement on his behalf. In the case of a deceased person the statement must be signed by his personal representative. In the case of a corporation, the statement is to be signed by an officer of the corporation.
FORM 6
NORTHERN TERRITORY OF AUSTRALIA
Business Names Act
section 12(3), (4), (5), (6), (8)
STATEMENT OF CHANGE OF PERSONS IN RELATION TO WHOM
BUSINESS NAME IS REGISTERED*
Business name:
Address of principal or only place of business:

Given Names and Surname of each Individual and Corporate Name of each Corporation	Former Given Names or Surname of each Individual	Usual Place of Residence of Individual and Place of Registered Office in the Northern Territory of each Corporation	Date of Cessation, Commencement or Appointment
Persons who have ceased to carry on business under the business name	xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx	xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Persons** who have commenced to carry on business under the business names
Persons previously registered in relation to the business name who are continuing to carry on business under this name	xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Person (if any) ceasing to be resident agent	xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx	xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Person (if any) appointed to be resident agent	xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Signed at on the day of , 20 .

(Usual Signature)#

Signed at on the day of , 20 .

(Usual Signature)#

Signed at on the day of , 20 .

(Usual Signature)#

Signed by director/manager/secretary or agent**

of Limited at on the day of , 20 .

(Usual Signature)#

Signed by the person who has consented, in writing, to be the resident agent, at this day of , 20 .

(Usual Signature of Resident Agent)

*Where the business is not to be continued under the business name by any person, Form 5 should be completed in lieu of this form.

Here insert business name as registered.

‡If any individual is under the age of 18 years, he is to be described as an infant and the date of his birth is to be set out in the above statement.

#This statement is to be signed by each person carrying on business under the business name immediately before and immediately after the change or by some person or persons authorized in writing to sign the statement on his or their behalf. In the case of a deceased person, the statement must be signed by his personal representative. In the case of a corporation, the statement is to be signed by an officer of the corporation.

**Strike out whichever is inapplicable.

FORM 7

NORTHERN TERRITORY OF AUSTRALIA

Business Names Act

section 12(1)(c)

STATEMENT OF CHANGE IN PARTICULARS RELATING TO RESIDENT AGENT*

Business name:

Notice is hereby given that the name/address‡ of the resident agent of# as from the

day of , 20 , was changed from**

to

Signed at on the day of , 20 .

(Usual Signature)‡‡

or

Signed by director/manager/secretary or agent‡

of Limited at on the day of , 20 .

(Usual Signature)‡‡

*This statement is to be completed where a change occurs in the registered particulars relating to the resident agent of the person or persons in relation to whom the name is registered.

Here insert business name as registered.

‡Strike out whichever is inapplicable.

#Here insert name(s) of person(s) on whose behalf the resident agent has been appointed.

**Here insert name or address or name and address, as the case requires, as registered, of the resident agent.

Here insert name or address or name and address, as the case requires, as changed, of the resident agent.

‡‡This statement is to be signed by the person, or ONE of the persons, in relation to whom the name is registered or by some person authorized, in writing, to sign the statement on his or their behalf. In the case of a corporation, the statement is to be signed by a director or manager or the secretary of the corporation.

FORM 8

NORTHERN TERRITORY OF AUSTRALIA

Business Names Act

section 12(7)

NOTICE THAT PERSON HAS CEASED TO BE RESIDENT AGENT*

Business name:

1.
Notice is hereby given that‡
in the Northern Territory ceased to be the resident agent of#
on the day of , 20 , for the purposes of the Business Names Act.
**2.
The residential address of
has been changed to:
Date of change:
Signed at                  on the                  day of                  , 20    .
(Usual Signature)‡‡
or
Signed by                  director/manager/secretary or agent##
of                 Limited at                  on the                day of                 , 20    .
(Usual Signature)‡‡
*This statement is to be completed where the resident agent of the person or persons in relation to whom the name is registered ceases to be his or their resident agent by reason of the person or one of the persons commencing to reside in the Northern Territory, or for any other reason.
Here insert business name as registered.
‡Here insert name and address of resident agent.
#Here insert name(s) of person(s) on whose behalf the resident agent was appointed.
**Strike out if inapplicable.
  Here insert full name(s) of person(s) commencing to reside in the Northern Territory.
‡‡This statement is to be signed:
- (a)
  where paragraph 2 is applicable, by the person(s) who has (have) commenced to reside in the Northern Territory; or
- (b)
  where paragraph 2 is not applicable by the person, or ONE of the persons, in relation to whom the name is registered, or by some person authorized, in writing, to sign the statement on his or their behalf. In the case of a corporation, the statement is to be signed by an officer of the corporation.
##Strike out whichever is inapplicable.
FORM 9
NORTHERN TERRITORY OF AUSTRALIA
Business Names Act
section 12(9), (10)
NOTICE OF APPOINTMENT OF RESIDENT AGENT
Business name:*
1.
I/We ‡
on the day of , 20 , appointed#
a person resident in the Northern Territory, to be my/our resident agent for the purposes of the Business Names Act.
2.
The appointment is in place of or in succession to that of**
(or due to the person (or all the persons) in relation to whom the business name is registered, having ceased to reside in the Northern Territory or to have a fixed address in that Territory).
Signed at                  on the                  day of                  , 20    .
(Usual Signature)
or
Signed by                   director/manager/secretary or agent
of                 Limited at                  on the                day of                ,
20    .
(Usual Signature)
Signed by the person who has consented, in writing, to be the resident agent, at                            this                                        day
of                  , 20    .
(Usual Signature of Resident Agent)
*Here insert business name as registered.
Strike out whichever is inapplicable.
‡Here insert name and address of person or names and addresses of all persons in relation to whom the business name is registered.
#Here insert full name and address of person appointed as resident agent.
**Here insert full name of person who has ceased to be the resident agent.
  This statement is to be signed by the person, or ONE of the persons, in relation to whom the name is registered or by some person authorized, in writing, to sign the statement on his or their behalf. In the case of a corporation, the statement is to be signed by an officer of the corporation.

Schedule 3

Fees

regulation 8

Column 1 item	Column 2 Particulars	Column 3 Fee $
1	On lodging an application in accordance with Form 1 for registration of a business name	60
2	For a further certificate of registration of a business name under section 7(5) of the Act, except in the case of a certificate issued on the renewal of registration of a business name under section 11 of the Act	6
3	On lodging an application, in accordance with Form 3, for renewal of registration of a business name	50
4	On lodging a statement, in accordance with Form 4, of change in certain particulars	10
5	On lodging a statement, in accordance with Form 6, of change of persons in relation to whom business name is registered	10
6	On lodging a statement, in accordance with Form 7, of change in particulars relating to resident agent	10
7	On lodging a notice, in accordance with Form 8, that a person has ceased to be resident agent	10
8	On lodging a notice, in accordance with Form 9, of appointment of resident agent	10
9	On lodging with the Registrar a document required to be lodged within a period prescribed by the Act, in addition to any other fee: (a) if lodged within 28 days after the expiration of the prescribed period (b) if lodged later than 28 days after the expiration of the prescribed period or if the Registrar is satisfied that just cause existed for the failure to lodge the document within 28 days after the expiration of the prescribed period – such lower fee as the Registrar fixes, not being less than	10 25 10
10	On lodging a statutory declaration	10
11	For inspecting a statement lodged with the Registrar under the Act or filed under the repealed Act or any corresponding previous law of the Territory	10
12	For a certificate of registration or non‑registration of a business name, for a copy of or extract from the register or for a copy of or extract from a document forming part of the register or for a document containing 2 or more of the foregoing, certified under the hand of the Registrar: for one page for each additional page	10 2
13	For making a photographic reproduction of a document in the custody of the Registrar: for each page	1
14	For a search in the office of the Registrar as to the availability of a name proposed to be adopted as a business name – for each name searched	nil
15	For a search for which a fee is not elsewhere prescribed	10
16	For an act done by the Registrar which the Registrar is required or authorised to do under the Act and for which a fee is not elsewhere prescribed	10
17	On lodging a document (other than Form 5) with or by the Registrar for the lodging of which a fee is not elsewhere prescribed	10
18	On lodging an application for the consent of the Minister to the registration of a business name	70
19	On filing a consent of the Minister to the registration of a business name	40

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Business Names Regulations (SL No. 12, 1963)
Notified	1 July 1963
Commenced	1 July 1963
Amendments of the Business Names Regulations (SL No. 10, 1968)
Notified	26 June 1968
Commenced	26 June 1968
Ordinances RevisionOrdinance 1973 (Act No. 87, 1973)
Assent date	11 December 1973
Commenced	11 December 1973 (s 12(2))
Amending Legislation
Ordinances Revision Ordinance 1974 (Act No. 34, 1974)
Assent date		26 August 1974
Commenced		11 December 1973 (s 3(2))
Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)
Assent date		24 October 1974
Commenced		11 December 1973 (s 3)
Ordinances Revision Ordinance 1976 (Act No. 27, 1976)
Assent date		28 June 1976
Commenced		ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974
Transfer of Powers (Self-Government)Ordinance 1978 (Act No. 54, 1978)
Assent date	1 July 1978
Commenced	1 July 1978 (s 2)
Amendment of the Business Names Regulations (SL No. 21, 1978)
Notified	11 August 1978
Commenced	11 August 1978
Amendment of the Business Names Regulations (SL No. 5, 1984)
Notified	14 March 1984
Commenced
Amendment of the Business Names Regulations (SL No. 38, 1985)
Notified	11 December 1985
Commenced	25 December 1985 (r 2)
Amendment of Business Names Regulations (SL No. 30, 1991)
Notified	28 June 1991
Commenced	1 July 1991 (r 1)
Amendment of Business Names Regulations (SL No. 17, 1998)
Notified	1 July 1998
Commenced	1 July 1998
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date	29 June 2001
Commenced	15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)
Business Names Amendment Regulations 2006(SL No. 19, 2006)
Notified	14 June 2006
Commenced	14 June 2006

3
LIST OF AMENDMENTS

r 6 amd No. 10, 1968, r 1

r 7 rep No. 10, 1968, r 2

r 8 amd No. 10, 1968, r 3

second

sch amd No. 10, 1968, r 4

third

sch sub No. 10, 1968, r 5

amd Act No. 54, 1978, s 6

sub No. 21, 1978; No. 5, 1984; No. 38, 1985, r 2; No. 30, 1991, r 2

amd No. 17, 1998; No. 19, 2006, r 5

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