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.
Thinking about changing your company name? Maybe your brand has evolved, you’re launching new products, or the old name just doesn’t reflect who you are anymore.
Good news: rebranding can be a powerful move. The key is to handle the legal steps correctly so your customers, suppliers and regulators experience a smooth transition.
In this guide, we’ll walk you through how to change a company name in Australia, what approvals you’ll need, the ASIC process, and what to update afterwards so you remain compliant and protect your brand.
Should You Change Your Company Name Or Use A Business Name?
Before you change your company’s legal name, decide whether you actually need to. In Australia, a company can operate under either:
- Its registered company name (the legal entity name on the ASIC register); or
- A registered business name (a trading name) linked to the same company.
Many businesses keep their company name as-is and register a separate business name for branding. This can be simpler if your rebrand is customer-facing only.
If you’re weighing up the options, it helps to understand the difference between a Business Name vs Company Name and how an Entity Name vs Business Name works in practice.
Reasons to change the company name (instead of adding a business name) include:
- You want the legal entity’s name to match your brand for contracts, invoices and regulatory records.
- You’re consolidating multiple brands or entities and want one cohesive identity.
- Your current name is too similar to others, causing confusion or risk.
On the other hand, if you’re testing a new product line or brand identity, registering a business name might be a lower-effort first step.
How To Change A Company Name With ASIC (Step-By-Step)
Changing a company name is a formal process under the Corporations Act 2001 (Cth). Here’s a practical, small-business-friendly roadmap.
1) Check Name Availability And Risks
- Run a name search on the ASIC register to confirm the proposed name is available.
- Check for similar names that could confuse customers or raise infringement risks.
- If this is a long-term brand, consider securing it as a trade mark to lock in your rights nationally. You can register your mark via a lawyer-led process using Register Your Trade Mark.
2) Review Your Governance Documents
- Review your Company Constitution to confirm any procedural requirements (e.g. notice periods, quorum, voting thresholds).
- If you have co-founders or investors, check your Shareholders Agreement for reserved matters or approval thresholds related to rebrands or company name changes.
3) Pass The Required Approvals
Under section 157 of the Corporations Act, a company name change generally requires a special resolution of members (shareholders). A special resolution needs at least 75% of the votes cast in favour, following proper notice of meeting.
In practice, this usually involves:
- A board resolution to call a members’ meeting (or to circulate a resolution for signing) - a Directors Resolution Template can be a helpful starting point; and
- A members’ special resolution approving the new name.
4) Lodge The Name Change With ASIC
Once the special resolution has passed, lodge the application to change the name through ASIC’s online portal (via your ASIC account or your registered agent). You’ll need:
- The exact proposed name (including Pty Ltd/Pty Limited if applicable), and
- Payment of ASIC’s prescribed fee.
Important: don’t use Form 484 - that form is for other company detail changes. For a quick refresher on what 484 covers (and what it doesn’t), see ASIC Form 484 guidance.
5) Receive Your New Certificate Of Registration
If ASIC approves the change, you’ll receive an updated certificate of registration showing the new company name and ACN. Your ACN doesn’t change; only the legal name does.
6) Update Public Displays Of Your Company Name
Australian companies must display their full legal name and ACN on public documents. Update:
- Invoices, quotes, receipts and letterheads
- Contracts and proposal templates
- Website footer and “Contact/Legal” pages
- Email signatures and automated communications
- Company signage and vehicle livery (if applicable)
7) Communicate The Change To Stakeholders
Let customers, suppliers, landlords, lenders and your bank know about the new name. Provide the updated ASIC certificate to avoid confusion and to keep trading uninterrupted.
What Corporate Approvals Do You Need?
Every company’s internal rules are a little different, so slow down here and get this right.
At a minimum, the Corporations Act requires a special resolution of members to change a company’s name. Most companies will also follow the process set out in their constitution, which commonly includes scheduling a meeting (or circulating a written resolution), providing adequate notice, and keeping proper minutes.
Where there are co-founders or investors, your Shareholders Agreement might list “reserved matters” that need higher approval thresholds or specific consents. A company-wide rebrand usually appears on this list because it can impact value, customer goodwill and strategy.
Practically, you’ll usually want to:
- Draft a board resolution authorising the change and calling the member vote (a Directors Resolution Template can streamline this);
- Prepare a members’ special resolution with the exact new name;
- Check your Company Constitution for any notice or quorum rules; and
- Record outcomes and keep copies with your company records.
If you’re tight on timing (e.g. a launch date or campaign is looming), build in buffer time for notices, approvals and ASIC processing.
What Happens After ASIC Approves The New Name?
Once ASIC issues the new certificate, your legal name has officially changed. The next step is rolling the change out across your business so everything stays consistent and compliant.
Update Government, Banking And Insurance Records
- ATO/Business Portal: Update business records (ABN registrations, GST, PAYG) to reflect the new legal name.
- Banks and lenders: Provide the ASIC certificate and update mandates and direct debits.
- Insurers: Ensure policies reflect the new name to avoid claims issues.
Update Contracts And Operational Documents
- Supplier and customer agreements: Update the party name on templates and, where needed, vary or reissue active contracts so they reference the new entity name correctly.
- Quotes, invoices and purchase orders: Update system templates so the correct name appears everywhere.
- NDAs, proposals and SOWs: Refresh templates so future documents are correct.
Refresh Your Online Legal Documents
Make sure your website and platform legal documents reflect the new legal name:
- Website Terms and Conditions: Update the contracting entity and contact details in your Website Terms & Conditions.
- Privacy Policy: Update references to the business name and data controller details in your Privacy Policy.
Secure Your Brand (Now And For The Future)
- Trade marks: If the new name (or logo) is core to your brand, consider filing a trade mark to protect it. You can get help via Register Your Trade Mark.
- Domains and social handles: Register domains and update handles to match the new brand, where possible.
- Marketing materials: Update brochures, packaging and signage.
Tip: If timing is sensitive, plan your external announcement after your trade mark application is filed and your ASIC approval is in hand. This reduces the risk of third parties grabbing domains or similar names while you’re rebranding.
Common Pitfalls To Avoid When Changing A Company Name
1) Confusing Company Names With Business Names
It’s easy to mix these up. Your company’s legal name is what appears on ASIC and in contracts. A business name is a trading name linked to the company. Make sure you’re clear on whether you’re actually changing the legal entity name or just adding a trading name. If in doubt, revisit Business Name vs Company Name.
2) Missing Governance Approvals
Skipping the special resolution (or not following your constitution’s notice rules) can invalidate the process. Always check your Company Constitution and any Shareholders Agreement requirements before lodging with ASIC.
3) Using The Wrong ASIC Form
Don’t lodge a Form 484 for a name change. It’s not the correct route. If you’re unsure which form covers which change, a quick look at ASIC Form 484 can help you avoid missteps.
4) Overlooking Trade Mark Conflicts
ASIC might approve a name that still conflicts with an existing trade mark. That can leave you open to infringement claims and force a costly rebrand. A trade mark search - and ideally an application via Register Your Trade Mark - reduces this risk.
5) Failing To Update Contracts And Legal Notices
Your legal name must appear on “public documents” and many contracts. Not updating templates, website footers, or your Website Terms & Conditions and Privacy Policy can create compliance gaps and confusion for customers.
6) Timing Announcements Too Early
Announcing a new name before ASIC approval or trade mark filing can create brand risk and customer confusion. Line up your legal steps first, then go to market.
FAQs About Changing A Company Name
Do I Need To Re-Register For An ABN Or ACN?
No. Your ACN stays the same. Your ABN is also tied to your entity, not the name, but you should update the ATO/Business Portal and relevant records so government and counterparties display your new legal name correctly.
Will My Contracts Still Be Valid After The Name Change?
Yes, the company remains the same legal entity; its name has simply changed. However, it’s good practice to update templates and, for active long-term contracts, consider a short variation noting the new name to avoid confusion.
Can I Just Start Trading Under A New Name Without Changing The Company Name?
You can trade under a registered business name linked to your company (often called a “trading as” name). This is common if you want a customer-facing brand without changing the company’s legal name. Just make sure you understand the difference between a company name and a business name as covered above.
How Long Does A Company Name Change Take?
Timeframes vary. Allow time to get internal approvals (board and shareholders), complete ASIC checks, and process the application. Many changes are approved quickly once lodged, but don’t bank your launch announcement on same-day approval.
Key Takeaways
- Decide whether you actually need to change the legal company name or whether a trading (business) name will achieve your branding goals.
- A company name change usually requires a members’ special resolution - check your governance documents and plan your approvals properly.
- Apply through ASIC for the new name and wait for the updated certificate of registration before announcing your rebrand widely.
- After approval, update your contracts, templates, website legal pages, bank and government records so your business stays compliant and consistent.
- Reduce risk by checking for trade mark conflicts early and consider filing a trade mark to protect your new brand.
- Avoid common pitfalls such as using the wrong ASIC form, missing internal approvals, or announcing the new name before legal steps are complete.
If you’d like a consultation on changing your company name, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.







