Business Names Regulations 2003

Victorian Legislation and Parliamentary Documents i Business Names Regulations 2003 S.R. No. 92/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 6. Requirements relating to documents to be lodged 2 7. Prescribed particular for application for registration of business name 2 8. Prescribed particulars of certificate of registration of business name 2 9. Application under section 9(1) of the Act 3 10. Renewal of registration 3 11. Statement of notification of changes 4 12. Fees 5 13. Director may waive fees 5 __________________ SCHEDULE—Fees 6 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 92/2003 Business Names Act 1962 Business Names Regulations 2003 The Governor in Council makes the following Regulations: Dated: 22 July 2003 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe particulars and fees for the purposes of the Business Names Act 1962. 2. Authorising provision These Regulations are made under section 32 of the Business Names Act 1962. 3. Commencement These Regulations come into operation on 27 July 2003. 4. Revocation The Business Names Regulations (No. 2) 1992 1 are revoked. -- 2 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 2 5. Definitions In these Regulations— "registered number" means the number of the registered business name, assigned by the Director, that is contained on a certificate of registration; "the Act" means the Business Names Act 1962. 6. Requirements relating to documents to be lodged A document lodged with the Director must be legible and must contain the following information— (a) the registered business name to which the document relates; (b) the registered number of the business name to which the document relates; (c) except in the case of an application for the renewal of registration of a business name, the name, address and telephone number of the person who lodged the document. 7. Prescribed particular for application for registration of business name For the purposes of section 7(1)(h) of the Act, the prescribed particular is the current family name of each applicant who is an individual. 8. Prescribed particulars of certificate of registration of business name For the purposes of section 7(4) of the Act, the prescribed particulars are— (a) the registered business name; (b) the registered number; (c) the date on which the business name was registered. r. 5 -- 3 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 3 9. Application under section 9(1) of the Act An application under section 9(1) of the Act for the consent of the Minister to the registration of a business name must be lodged with the Director. 10. Renewal of registration (1) For the purposes of section 11(1) of the Act, the prescribed particulars for the renewal of registration of a business name lodged manually are— (a) the registered business name; (b) the registered number; (c) the date that the registration of the business name is due to expire; (d) the registered address of the business in the State and the address of each place in the State where the business is carried on; (e) if a postal address or an electronic mailing address (other than the registered address of the business) has been nominated, that address; (f) if the business name is registered in relation to a person who is an individual, or persons who are individuals, the full name and residential address of that person or those persons; (g) if the business name is registered in relation to a corporation, the name and address of the registered office of that corporation; (h) if the person or all the persons in relation to whom the business name is registered resides or reside outside the State, the name of the resident agent of the person or persons; (i) a description of the nature of the business carried on; r. 9 -- 4 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 4 (j) a statement signed by the person, or one of the persons, in relation to whom the business name is registered that the information contained in the renewal is correct and complete. (2) For the purposes of section 11(1) of the Act, the prescribed particulars for the renewal of registration of a business name lodged by electronic transmission are— (a) the particulars referred to in sub-regulation (1)(a) to (i); and (b) a statement of the person lodging the renewal that the information contained in the renewal is correct and complete. 11. Statement of notification of changes (1) For the purposes of sections 12(1), (2), (3), (4), (5)(a) and (6)(c) of the Act, the prescribed particulars are— (a) the registered business name; and (b) the registered number. (2) For the purposes of section 12(1A) of the Act, the prescribed particulars are— (a) the registered business name; (b) the registered number; (c) if the postal address of the business has changed, the date of that change; (d) if the electronic mailing address of the business has changed, the date of that change. r. 11 -- 5 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 5 (3) For the purposes of section 12(1C) of the Act, the prescribed particulars are— (a) the registered business name; (b) the registered number; (c) the date of the change of the registered address of the business. (4) For the purposes of section 12(7) of the Act, the prescribed particulars are— (a) the registered business name; (b) the registered number; (c) the date the person or all the persons in relation to whom the business name is registered ceases or cease to reside within the State or have a fixed address in the State; (d) the date of appointment of the resident agent. 12. Fees The fees set out in the Schedule must be paid to the Director for the documents referred to in that Schedule which are required to be lodged, filed, registered with or issued by the Director under the Act or for the inspection of, or for a copy or extract from, any such document. 13. Director may waive fees The Director may waive all or part of the payment of a fee under these Regulations if he or she is satisfied— (a) that to require payment of the fee would cause financial hardship; or (b) that, in the interests of fairness, the fee should be waived. __________________ r. 12 -- 6 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 6 SCHEDULE Regulation 12 FEES Item Section of the Act Type of fee Amount 1 7(1) Application for registration of a business name $70 2 7(5) For the provision of a certificate of registration, other than a certificate issued under section 7(4) $15 3 9(1) Application for consent of the Minister to the registration of a business name $70 4 11(1) Application for renewal of the registration of a business name $50 5 22(1)(a) For an inspection of documents lodged with the Director in relation to a business name or of any transparency or reproduction of those documents (Note: Only one first page fee applies for each inspection, regardless of the number of documents inspected) $10 for first page and $2 for each subsequent page to a maximum of $50 Sch. -- 7 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 7 Item Section of the Act Type of fee Amount 6 22(1)(b) For the provision of a copy of, or extract from, a document forming part of the register and certified by the Director under section 22(1)(b) of the Act (Note: Only one first page fee applies for each request for copies, regardless of the number of documents from which copies are made) $10 for first page and $2 for each subsequent page to a maximum of $50 $15 for each document that is provided electronically 7 22(1) For the provision of an electronic extract from a document lodged with the Director in relation to a business name, if the extract includes the name of any person in relation to whom the name is registered or the registered address of the business (Note: No fee is payable if the extract does not include the name of any person in relation to whom the name is registered or the registered address of the business) $12 Sch. -- 8 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 8 Item Section of the Act Type of fee Amount 8 22(1)(b) (a) For the provision of an electronic copy or extract of documents forming part of the register— (i) comprising business names registered over the period or periods specified in the request (ii) comprising the copy or extract referred to in sub- paragraph (i) and including information on the nature of business registered (iii) comprising the copy or extract referred to in sub- paragraph (i) and including information on the place of business registered (iv) comprising the copy or extract referred to in sub- paragraph (i) and including information on names of proprietors of business registered (Note: If the copy or extract includes information referred to in sub-paragraphs (ii) to (iv), the fees for each item are added) $95 for the first 4 weeks or less plus $20 for each additional 4 weeks or less An additional $10 An additional $20 An additional $15 Sch. -- 9 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 9 Item Section of the Act Type of fee Amount (b) For provision of the copy or extract on computer disk An additional $25 for each disk 9 22 (a) For provision of a copy of the complete register (b) For provision of the copy on computer disk $10 plus $45 for each hour or less spent receiving and entering the request plus $150 for each hour or less of computer processing and printing time required An additional $25 for each disk 10 23 For provision of a certificate $15 ═══════════════ Sch. -- 10 of 11 -- Victorian Legislation and Parliamentary Documents S.R. No. 92/2003 Business Names Regulations 2003 10 ENDNOTES 1 Reg. 4: S.R. No. 226/1992. Reprint No. 1 as at 18 July 1997. Reprinted to S.R. No. 113/1996. Subsequently amended by S.R. Nos 122/2000 and 31/2002 and extended in operation by S.R. No. 47/2002. Endnotes -- 11 of 11 --