When arranging public liability insurance, the insurers will ask for your business name. Should you provide them with your trading name, business name or company name?
According to ASIC;
A business name is simply a name under which you conduct a business. You must register a business name in Australia, unless you trade under your own name, or fall within an exemption. For example, if you trade solely in the Cocos (Keeling) Islands. Registration on the Business Names Register identifies who is behind a business name.
Before 28 May 2012, the Australian Business Register (ABR) collected names used by entities to carry out their business activities. The ABR displayed this name as a trading name. Trading names will be displayed on the ABR until 31 October 2018.
A company is a separate legal entity registered with ASIC. A company has its own name which is required to include the legal terms or abbreviations ‘pty’ and/or ‘ltd’ at the end of the name.
A company may choose to register a business name if it wants to carry on a business using its name without the legal terms, or if it wants to use a different name.
Brand names and Franchise names
Many businesses have a brand name that is used by different entities. For example, ABC business may have ABC Operations, ABC Logistics, and ABC Security. Franchises and other business structures may provide a license to an entity to use a name. Each entity, including franchisees and licensees, operating with a business name must register the name on the Business Names Register.
Registered business names may be distinguished by a word or phrase, e.g. ABC Operations and ABC Seymour. The word may be a suburb or town, a year, a colour, an entity name or another word relevant to the business.
Names that are identical or nearly identical to an existing registered business name are not allowed.
Who should the insured be?
According to Steve Sloan from Insure 247 the insured party needs to match the insured’s activity and the entity that is at risk. When you complete your request use the companies ABN and make sure the policy matches the names associated with that ABN.
Insure 247 Pty Ltd ACN 612944215 an Authorised Representative of Ausure Pty Ltd ABN 94 096 971 854 AFSL 238433.
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PUBLIC AND PRODUCTS LIABILITY INSURANCE COMPARED
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