Carrying on business using “Limited”, “No Liability” or “Proprietary” in name

Offence title:

Carrying on business using “Limited”, “No Liability” or “Proprietary” in name

Act:

156 Corporations Act

Offence:

(1)   A person must not carry on business in this jurisdiction under a name or title that:

(a)   has the words “Limited” or “No Liability” (or an abbreviation of those words) at the end; or

(b)   includes the word “Proprietary” (or an abbreviation of it).

Penalty:

30 penalty units.

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

A person, who fails to correctly register their business eg a sole trader, adopts the term “Limited” in the title of the business name.

Important note:

 Defence:

(3)   Subsection (1) does not apply to the extent that the person is allowed or required to carry on business in this jurisdiction under the name or title under a law of the Commonwealth or a law of a State or Territory in this jurisdiction.