This information is to help you in completing the forms to:
- apply for registration of a business name
- give notice of a change in the particulars of a business name
- give notice of a change in proprietors of a business name.
These forms can be downloaded from the website of Consumer and Business Services (CBS).
Each of these forms requires you to declare you have not, within the past five years:
- been convicted of certain offences
- been released from prison after completing a sentence for committing certain offences.
Offences
Offences are prescribed under Section 17 of the Business Names Act 1996. They are:
1. An offence in connection with the promotion, formation or management of a body corporate, if the conviction was an indictment.
2. A conviction within or outside of South Australia of an offence involving fraud or dishonesty punishable by imprisonment for a period, or maximum period, of at least three months.
3. A conviction within or outside of South Australia of a prescribed offence against the Corporations Law. (There are currently no offences prescribed in respect of the Corporations Law.)
Seek legal advice if you are unsure
If you are unsure of whether you should sign the declaration, please seek legal advice.
It is an offence to contravene Section 17 of the Business Names Act 1996 and a penalty of up to $5,000 may be imposed for a breach.
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More information
On this site
Do you need to register your business name?
Protecting your business name
Application fees for business names
Words and phrases prohibited in a business name
Downloads
Business names (241KB) - BizFacts