Announcement: JSA Law is now part of Armstrong Legal a national specialist criminal law team. Andrew and his team will continue to provide the same exceptional client service as part of a leading firm.
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.