Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Launching a new venture in Australia is exciting - and getting your name out there is a big part of it. Before you design logos and order business cards, there’s a simple but essential step you’ll likely need to take: registering your business name with the Australian Securities and Investments Commission (ASIC).
In this guide, we explain the current ASIC business name registration fees in plain English, what they cover, how the process works, and what else to sort out so you’re set up properly from day one. We’ll also clear up common myths (like whether you automatically “own” a name once it’s registered) and point you to helpful legal documents you may need as you grow.
What Is ASIC And When Do You Need A Business Name?
ASIC is Australia’s national regulator for companies, financial services and business names. If you plan to trade under a name that is not your own exact personal name (for example, “Taylor & Co. Floristry” instead of “Jordan Taylor”), you generally need to register that name with ASIC so customers can identify who is behind the business.
Registering a business name is different to setting up a company. A business name is simply a trading name that links to your legal identity (an individual, partnership, company or trust). A company, on the other hand, is a separate legal entity with its own Australian Company Number (ACN). If you’re weighing up whether to operate as a sole trader or form a company, it can help to compare business names vs company names before you decide.
It’s also different to a trade mark. A trade mark gives you enforceable rights to a brand name or logo within nominated classes of goods and services. A business name registration does not give you exclusive ownership of the name - it’s a disclosure and compliance requirement that allows you to trade under that name nationally.
How Much Are ASIC Business Name Registration Fees?
ASIC sets a flat fee for registering or renewing a business name across Australia (the amount is the same in NSW, Victoria, Queensland and all other states and territories). At the time of writing, the fees are:
- 1 year: $42 (GST-free)
- 3 years: $98 (GST-free)
These amounts are periodically indexed, usually on 1 July each year, so it’s a good idea to budget for small changes over time. You pay the fee when you lodge your application or renewal online via ASIC Connect.
Renewal costs are the same as the initial registration for the period you choose (1 or 3 years). If you miss the renewal window, late fees can apply and ASIC may ultimately cancel the registration if it remains unpaid.
A few quick clarifications to avoid surprises:
- National fee, no state surcharge: There’s no extra fee just because you’re based in NSW or any other state - it’s a single national system.
- ABN first: You’ll need an Australian Business Number (ABN) to register a business name. An ABN is free to apply for through the Australian Business Register.
- Company fees are separate: If you decide to incorporate, ASIC company registration fees are separate from the business name fee (and higher). You can read more about the process on our Company Set Up page.
Many founders handle the registration themselves. Others prefer a fixed-fee package so everything is completed correctly the first time. If you want help, our Business Name service can take care of the process end to end.
Step-By-Step: Registering A Business Name With ASIC
You can complete the process online in a short sitting if you have your details ready. Here’s a simple roadmap.
1. Choose Your Business Structure
Decide whether you’ll operate as a sole trader, partnership, company or trust. This choice affects things like liability, tax and how ownership is split between founders. If you plan to bring on co-founders or investors, documents such as a Shareholders Agreement (for companies) can help prevent disputes by setting clear rules on decision-making, roles and equity.
2. Apply For An ABN
You’ll need an ABN to register a business name. ABNs are issued free of charge. Keep your ABN handy as you’ll enter it during the ASIC application. If you’re registering as a company, you’ll use the company’s ABN once it’s issued.
3. Check The Name Is Available And Compliant
Search the ASIC register to confirm no one has already registered an identical or nearly identical business name or company name. Avoid names that are misleading, offensive or suggest illegal activity. Remember: business name registration is a national system - you’re not limited by state boundaries - but it does not stop others from using a similar brand unless you also have trade mark protection.
4. Prepare The Details You’ll Need
- Proposed business name (plus a couple of backups just in case)
- ABN (or ABN application reference)
- Holder details (individual, company or partnership)
- Addresses and contact details
- Consent from any person whose name or initials appear in the business name
5. Lodge Online And Pay The Fee
Create or log in to your ASIC Connect account, complete the application, select a 1-year or 3-year period, and pay the relevant fee. ASIC will process the application and, if approved, add your business name to the national register.
6. Set Up The Essentials And Keep Records Up To Date
Once your name is registered, update customer-facing materials (website, invoices, socials) to include required details such as your ABN and the full registered business name. If any details change later (e.g. address, holder, or contact information), update ASIC promptly. Failing to keep your details current can lead to penalties or the registration being cancelled.
Does Registering A Business Name Protect Your Brand?
Not by itself. Registering a business name lets you legally trade under that name and helps the public work out who is behind the business. It does not give you exclusive rights to the name, nor does it give you a monopoly over similar names in your industry.
If brand protection matters to you (and it should), consider applying to register your trade mark for your name and/or logo. A trade mark can be enforced to stop others using a confusingly similar brand within the classes you nominate. Many businesses register both the word mark (the name) and a logo/device mark for broader coverage.
It’s also worth being clear on terminology. Your “entity name” (e.g. the legal company name on the ASIC companies register) can be different to your trading name. Registering a business name simply connects the trading name to the entity in a transparent way. If you’re still comparing naming concepts, our explainer on entity name vs business name can help you decide what to use, where.
Common Costs, Pitfalls And Practical Tips
Beyond the ASIC fee, here are the practical costs and risks to keep in mind as you get set up.
ABN And Banking
ABN registration is free. Banks will usually ask for your ABN when you open a business account, and if you want the account name to include your trading name, they may ask for your business name registration as evidence. If you operate solely under your own exact personal name as a sole trader, you may not need a business name - but many businesses register one for branding reasons.
Professional Help (Optional But Useful)
The ASIC application is straightforward, but founders often seek help with the broader legal setup - things like choosing a structure, preparing contracts and protecting IP. If you’d like fixed-fee support, our team can register your name and get your key documents in place so you’re ready to trade with confidence.
Scams And Unofficial Notices
New business owners commonly receive letters or emails that look like government notices asking you to renew your business name for a marked-up fee. Always check the sender and the web address. Renewals are handled through ASIC Connect, and you can avoid paying inflated third-party charges by renewing directly. If something looks off, our note on a business name renewal scam explains what to watch for.
Late Renewals
Put a reminder in your calendar well before your renewal date. If you miss renewal, ASIC can charge late fees and ultimately cancel the registration. Once cancelled, someone else could apply for the name. Renewal is inexpensive compared to the brand equity you may have built.
Tax And GST
Business name registration doesn’t change your tax obligations. Monitor your turnover and, if you meet or expect to meet the GST registration threshold (currently $75,000 in annual GST turnover for most businesses), you’ll need to register for GST. For tax-specific questions, it’s best to speak with your accountant.
What Else Should You Set Up Legally?
Registering the name is one step. To actually trade, take payments and manage risk day-to-day, most businesses benefit from a handful of core documents and policies. Which ones you need depends on what you do, but these are common starting points.
- Customer Contract or Terms: Clear terms for your products or services set expectations, limit liability and explain your refund and cancellation rules under the Australian Consumer Law. If you sell to the public or other businesses, a simple, tailored Customer Contract can save headaches later.
- Website Terms: If you operate a website or app, terms of use help set ground rules for visitors and users. This pairs well with your customer-facing sales terms if you accept orders online.
- Privacy Policy: Under the Privacy Act, certain businesses are legally required to have and follow a privacy policy (for example, most APP entities with annual turnover above $3 million, some health service providers, and businesses that trade in personal information). Even if you’re a small business that isn’t strictly required, many choose to publish a Privacy Policy to be transparent about how personal information (like names and email addresses) is collected, stored and used.
- Employment Contracts And Policies: If you’re hiring, proper agreements and compliant policies are essential. A tailored Employment Contract sets the role, pay, IP ownership and restraints, and helps you meet Fair Work obligations.
- Supplier And Contractor Agreements: For businesses that rely on third parties, written agreements clarify deliverables, timeframes, pricing, IP and termination rights. This reduces disputes and protects your supply chain.
- Shareholders Agreement (companies): Where there are multiple founders or early investors, a Shareholders Agreement addresses ownership, board decisions, exits and dispute resolution so everyone knows where they stand.
- Company Constitution (companies): If you’re incorporating, a tailored Company Constitution can provide more flexibility and clarity than using the replaceable rules alone.
On the brand side, consider trade marks early if your name or logo is central to your value. You can apply to register your trade mark before or after launch, but early filing can be valuable if you’re investing in marketing.
FAQs About ASIC Business Name Fees And The Process
Are fees the same everywhere in Australia?
Yes. Business name fees are set by ASIC and are the same nationwide. There isn’t a separate NSW charge or state-based pricing.
Do I need a business name to open a bank account?
Not always. If you operate in your own exact personal name as a sole trader, banks may open an account without a separate business name. If you want the account to display your trading name, the bank will generally ask for the ASIC registration as evidence.
Can two businesses have similar names?
ASIC won’t register identical or nearly identical names. However, a business name registration doesn’t automatically stop someone using a similar brand or name in a different context. For stronger protection, consider trade mark registration.
Is the fee refundable if my application is rejected?
ASIC generally does not refund fees if the application is refused due to an ineligible or unavailable name. It’s worth searching the register first and preparing acceptable alternatives.
Key Takeaways
- ASIC business name fees are currently $42 for one year or $98 for three years, GST-free and the same across Australia.
- You’ll need an ABN before you apply, and you renew the name for the same fee at the end of your chosen period.
- A business name lets you legally trade under that name but does not give you exclusive ownership - consider a trade mark to protect your brand.
- Keep your ASIC details up to date and renew on time to avoid late fees or cancellation.
- Round out your setup with core legal documents such as a Customer Contract, Privacy Policy, Employment Contract and, for companies, a Shareholders Agreement and Company Constitution.
- Watch out for unofficial renewal notices or third-party mark-ups - manage your registration and renewals directly through ASIC Connect.
If you’d like a consultation on ASIC business name registration fees or the broader legal setup for your business in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Business legal next step
When should you speak to a lawyer?
Government registers are useful, but they do not always cover the contracts, ownership terms and risk settings around the business decision.







