Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 46

46. (1) A person may apply in the prescribed form to the Commission for the
reservation in the Territory of a name set out in the application as the name
of an intended foreign company that is proposed to be registered as a foreign
company under Division 5 of Part XIII.

(2) A foreign company that proposes to become registered in the Territory
under Division 5 of Part XIII may apply in the prescribed form to the
Commission for the reservation in the Territory of a name set out in the
application as the name by which the foreign company proposes to become so
registered.

(3) Subject to sub-section (4), if-

   (a)  the Commission is satisfied that an application made under sub-section
        (1) or (2) for the reservation of a name is made in good faith; and

   (b)  the name is available for reservation in the Territory, the Commission
        shall reserve the name for a period of 2 months from the date of
        lodgment of the application, and, where the Commission so reserves the
        name, the name shall be deemed to have been reserved from that date.

(4) Where-

   (a)  an application is made under sub-section (1) or (2) for the
        reservation of a name in respect of an intended foreign company that
        is to be formed, or a foreign company that was formed, outside
        Australia and the external Territories;

   (b)  the application states that it is desired to reserve that name in a
        participating State or participating Territory; and

   (c)  the name is not available for reservation in that State or Territory,
        the Commission shall not reserve the name.

(5) Where-

   (a)  a name is reserved under this section in respect of an intended
        foreign company or a foreign company; and

   (b)  the intended foreign company is formed and is registered, or the
        foreign company is registered, by that name as a foreign company under
        Division 5 of Part XIII, the Commission shall register the name of the
        foreign company in the Territory and, where the Commission so
        registers the name, the name ceases to be reserved under this section.

(6) Where a name has been reserved under this section in respect of an
intended foreign company or a foreign company and-

   (a)  the name was not available for reservation in the Territory or in a
        State or Territory specified in the application for reservation as
        mentioned in paragraph (4) (b); or

   (b)  the person who applied for the reservation of the name or the foreign
        company notifies the Commission in writing that he or it, as the case
        may be, no longer desires the name to be reserved, the Commission
        shall cancel the reservation of the name.

(7) The reservation of a name under this section in respect of an intended
foreign company or a foreign company does not of itself entitle the intended
foreign company or the foreign company to be registered by that name under
Division 5 of Part XIII.

(8) The registration of a name under this section remains in force until the
registration is cancelled by the Commission.

(9) Notwithstanding anything in paragraph 38 (1) (a), a name shall not be
taken, for the purposes of this section, not to be available for reservation
in the Territory or in a State or another Territory by reason only that the
name is already reserved or registered under this Division or under the
provisions of a law of the State or Territory that correspond with this
Division, as the case may be, in respect of the foreign company that has
applied for the reservation of the name under this section.