Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 49

49. (1) A registered foreign company 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 to which the registered foreign company has changed
its name or to which the registered foreign company proposes to change its
name.

(2) Subject to sub-section (3) if-

   (a)  the Commission is satisfied that an application made under sub-section
        (1) 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.

(3) Where-

   (a)  an application for the reservation of a name is made under sub-section
        (1) in respect of a foreign company formed outside Australia and the
        external Territories;

   (b)  the application states-

        (i)    where the foreign company has already changed its name to the
               name in respect of which the application is made-that the
               former name of the foreign company is registered in a
               participating State or participating Territory; or

        (ii)   where the foreign company proposes to change its name to the
               name in respect of which the application is made-that the
               present name of the foreign company is registered in a
               participating State or participating Territory; and

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

(4) Where-

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

   (b)  whether before or after the name is reserved under this section, the
        registered foreign company changed or changes its name to that
        reserved name
(in this sub-section referred to as the ''new name''), the Commission shall
register the new name of the registered foreign company in the Territory and,
where the Commission so registers the new name-

   (c)  the new name ceases to be reserved under this section; and

   (d)  the Commission shall cancel the registration under this Division of
        the name by which the registered foreign company was registered before
        it changed its name to the new name.

(5) Where a name has been reserved under this section in respect of a
registered 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 (3) (b); or

   (b)  the registered foreign company notifies the Commission in writing that
        it no longer desires the name to be reserved, the Commission shall
        cancel the reservation of the name.

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