Home – New Forums Starting your journey Can I use my Registered Business Name as a Company Name

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    dgirl
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    Hi all,

    I’m in the early days of business, and have like most here begun as a sole trader.

    If in the future I change the business structure and become a company, can I use the same name?

    As an example lets say I register the name XYZ Books. Can I simply call my company the same name i.e. XYZ Books Pty Ltd?

    Do I have to transfer my Registered Business Name to the company or simply cancel it? Can I use the same logo?

    Thanks in advance

    #1141673
    Kennethti
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    dgirl, post: 161810 wrote:
    Hi all,

    I’m in the early days of business, and have like most here begun as a sole trader.

    If in the future I change the business structure and become a company, can I use the same name?

    As an example lets say I register the name XYZ Books. Can I simply call my company the same name i.e. XYZ Books Pty Ltd?

    Do I have to transfer my Registered Business Name to the company or simply cancel it? Can I use the same logo?

    Thanks in advance

    Not specific legal advice for your situation but:

    1. Transfering the business (as distinct from the business name) from sole trader to company may incur stamp duty.
    2. You need not register the same business name.
    3. You should consider registration of a trade mark.
    4. Transferring the business presumably involves a transfer of the assets and intellectual property of the sole trader to the company. It is best to have some sort of documents formalising what is transferred.
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