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  • #999935
    cheekycheeky
    Member
    • Total posts: 4

    Hi everyone,

    I am trying to register a business name and am a little confused.

    On their website it states the steps needed to register your business, one of the sections states as follows:

    Not be convicted of an offence involving dishonesty and imprisonment of at least three months
    You are disqualified from holding a business name if you (or a person involved in the management of your entity) are convicted of an offence (including in a foreign country) that involves dishonesty and is punishable by imprisonment of at least three months.

    If this is the case you are disqualified for a period of five years after the day you (or the person involved in the management of your entity) were released from prison (or, if the person does not serve a term of imprisonment, five years after the day on which the person is convicted).

    Could someone please give me some clarity on what exactly is meant by this? What kind of offences are they exactly referring to?

    I ask this as (i am so embarrassed to admit this as its so ridiculous) i was at the shops and was extremly distracted and not paying attention which resulted in me walking out of the store still carrying some items which i had not paid for. Obviously i tried to explain myself however i was not believed which resulted in me having a court date set and was given a conditional release order. Is this something that could effect me registering a business?

    #1221924
    Paul – FS Concierge
    Moderator
    • Total posts: 3,121

    Hi And Welcome to Flying Solo [USER=116663]@cheekycheeky[/USER] .

    It is great to have you!

    Thank you for joining our community and posting.

    A simple reading of the relevant passage indicates that to be disqualified, you would need to A. Be convicted of a crime involving dishonesty and B. Be sentenced to at least 3 months in prison.

    Calling ASIC to clarify would be your next step.

    Cheers

    #1221925
    cheekycheeky
    Member
    • Total posts: 4
    Paul – FS Concierge, post: 268084, member: 78928 wrote:
    Hi And Welcome to Flying Solo [USER=116663]@cheekycheeky[/USER] .

    It is great to have you!

    Thank you for joining our community and posting.

    A simple reading of the relevant passage indicates that to be disqualified, you would need to A. Be convicted of a crime involving dishonesty and B. Be sentenced to at least 3 months in prison.

    Calling ASIC to clarify would be your next step.

    Cheers
    Hi thank you

    I have contacted ASIC and asked the lady all she did was read out the phrase to me and when i asked what exactly that meant she said that thats all she can see and they cant interpret it for me and if not i should speak to an accoutant

    #1221926
    Paul – FS Concierge
    Moderator
    • Total posts: 3,121

    Damn. It sound like it could be a job for a lawyer.

    #1221927
    Mischelle
    Member
    • Total posts: 805
    cheekycheeky, post: 268083, member: 116663 wrote:
    Hi everyone,
    I ask this as (i am so embarrassed to admit this as its so ridiculous) i was at the shops and was extremly distracted and not paying attention which resulted in me walking out of the store still carrying some items which i had not paid for. Obviously i tried to explain myself however i was not believed which resulted in me having a court date set and was given a conditional release order. Is this something that could effect me registering a business?

    Hi,

    I am not a lawyer, I will say that clearly first, and this is not advice in any way, just results from google searches LOL :):)

    Was your conditional release order a “non-conviction conditional release order” – I am not sure which state you are in, but normally this means a conviction is not recorded on your record, which will not impact you registering a business name.

    The Judge or Magistrate can give you any 1 of the following two types of conditional release orders:

    1. Conditions with no criminal conviction; or
    2. Conditions with a criminal conviction

    Like I said I am not a lawyer, but this is a minor conviction (or if it was recorded without a conviction) you should have no problems.

    Maybe a lawyer is the best person to talk to.

    All the best
    Mischelle :)

    #1221928
    Dave – FS Concierge
    Moderator
    • Total posts: 2,523

    [USER=60404]@Mischelle[/USER] you continue to amaze me with the number of different topics you know about. 😮

    Dave

    #1221929
    Mischelle
    Member
    • Total posts: 805
    Dave – FS Concierge, post: 268095, member: 49676 wrote:
    [USER=60404]@Mischelle[/USER] you continue to amaze me with the number of different topics you know about. 😮

    Dave
    LOLOL, Dave, Google is my brain, I can’t take all the credit for it – or can I :rolleyes::rolleyes:

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