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  • #966663
    Pesty
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    Hi all,

    My dilemma is this: I have settled on a business name for my online childrens clothing store, the name is currently available as a domain (.com and .com.au) and with the ABR, Fair Trading and ASIC. I DO NOT want this name to be snapped up by anyone else before I register it but I’m waiting to hear back from my accountant as to whether iI should go sole trader, partnership or company. Can I just get my ABN as a sole trader now so I can secure the rest and then change it later if I need to? We currently have a small business operated under a trust and corporate trustee, but my business will be totally separate from that one (it’s just my own project, there are 4 Directors in the company) And for other online retailers, which structure did you choose? Most seem to be PTY LTD (company obviously) which would cost more to set up. Could I just register everything now to secure it and change later if required? Many thanks!

    Nicki

    #1019976
    Melinda B
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    You will need an ABN in order to register a .com.au domain name anyhow.

    Check that the name hasn’t been trademarked, register the business name, get your ABN, then grab your domains – both .com and .com.au

    I believe you can register the business name as a sole trader and then transfer it over to a P/L or whatever structure, OR you can register it now, then become incorporated as XYZ P/L and use ‘trading as ….’ Check this first though, I’m not a lawyer nor an expert in this.

    #1019977
    Pesty
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    Thanks Melinda! Off to start registering, I did actually check the Trademark with IP and it came back with no matching documents.

    Cheers!
    Nicki

    #1019978
    FletcherTax
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    Hi, not sure if you’ve already registered but hope the following helps. It’s from the NSW Office of Fair Trading http://www.fairtrading.nsw.gov.au/Businesses/Business_names.html:

    Changing proprietors

    You must notify Fair Trading within 1 month of changes occuring where a proprietor has started or ceased. All proprietors – existing, ceasing and starting – must sign the form. You can download the form at blis.fairtrading.nsw.gov.au. There is no fee payable when lodging this form.

    #1019979
    akagrp
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    Hello Nicki

    I agree with above if you are still not sure about structure register business name and domains straight away as you been the owner. As long as you do not trade under that name as a sole trader you will incur no transfer fee to move to a new structure.

    Though the reality is that in Australia different states have different rules with Business Names, for example in Queensland you cannot register a business name if you do not have an address in Queensland. This inturn could see someone register the same or similar name in another state. Though at the end of the day if you have the domain and possibly if the name can be Trademark this is not an issue.

    I recommend with domains register both .com and com.au

    I would not register for an ABN as yet, wait till you have decided on structure.

    I am happy to send you a document Advantages/Disadvantages of the various business structures, just send me a PM if you wish for this. It is not technical very straight forward.

    All the best for the venture.

    #1019980
    Melinda B
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    akagrp, post: 23688 wrote:
    I recommend with domains register both .com and com.au

    I would not register for an ABN as yet, wait till you have decided on structure.
    You can’t register a .com.au domain name if you don’t have an ABN. You’ll have to do the ABN paperwork again if you change your structure but for the benefit of being able to get your domain name I think it would be worth it.

    It’s not a big hassle, I’d get the business name, an ABN and then the domains as fast as I could.

    #1019981
    akagrp
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    Melinda_B, post: 23691 wrote:
    You can’t register a .com.au domain name if you don’t have an ABN. You’ll have to do the ABN paperwork again if you change your structure but for the benefit of being able to get your domain name I think it would be worth it.

    It’s not a big hassle, I’d get the business name, an ABN and then the domains as fast as I could.

    Hello Melinda

    What I do in these cases to avoid getting ABN’s is my Web guy registers the domains under his ABN and then transfers them back to me when I am ready to go. I I a legal document I drafted to make sure he does not recend, not that he will as he is a client and friend, but we both like to be safe as anything can happen.

    Though with .com no ABN are required if purchased from overseas which is what I do a lot cheaper.

    #1019982
    Melinda B
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    A .com domain ownership transfer doesn’t cost anything either.

    However, to transfer the ownership of a .com.au domain name it costs $220 under AUDA rules. I think applying for an ABN now and doing it again when/if the business structure changes is a lot easier and cheaper.

    #1019983
    akagrp
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    Melinda_B, post: 23695 wrote:
    A .com domain ownership transfer doesn’t cost anything either.

    However, to transfer the ownership of a .com.au domain name it costs $220 under AUDA rules. I think applying for an ABN now and doing it again when/if the business structure changes is a lot easier and cheaper.

    Hello Melinda

    Is this a new rule, as my client did not charge me transfer fees last year to transfer ownership to me.

    #1019984
    Melinda B
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    I’m going to look for it now. I’m in the process of transferring a domain from someone else and it’s costing me $220 to transfer ownership. I’m now wondering if that is a fee from netregistry rather than auda… should have checked before I opened my mouth…

    I’ll be back when I’ve checked it out more and I know what I’m talking about…. *where’s the embarassed smiley?*

    #1019985
    akagrp
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    Melinda_B, post: 23699 wrote:
    I’m going to look for it now. I’m in the process of transferring a domain from someone else and it’s costing me $220 to transfer ownership. I’m now wondering if that is a fee from netregistry rather than auda… should have checked before I opened my mouth…

    I’ll be back when I’ve checked it out more and I know what I’m talking about…. *where’s the embarassed smiley?*

    Not not worry Melinda, you got me thinking and I have sent an urgent email to my guy as to be honest as he is a client I have not demanded to see paperwork, just his email confirmation it has been attended too. Me thinks I am going to check online to see.

    Thank you for the highlight.

    #1019986
    akagrp
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    Nicki, just another point you may wish to consider, I tend to recommend to clients who are looking at registering Trademarks and a like to actually consider holding those in another entity to that of the trading company, as should the trading entity fail for any reason and is liquidated you still hold the IP (though this is assuming that the other entity is not linked to trading entity)

    #1019987
    Melinda B
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    Ok… it seems the $220 is a fee from Netregistry as that is where the other person has the domain registered. Two years of registration are included in that, which is dictated under the terms at AUDA. So I’m going to go out on a limb and suggest that different registrars probably have different fees.

    My .com.au domain names are with someone else – can’t remember who right now – so I might go check out what their transfer fees are, just out of interest!

    Note there is no fee – specifically stated in AUDA’s docs – for transferring Registrars. The fee is for transferring/changing the owner of the domain.

    #1019988
    Pesty
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    Thanks so much for your advice everyone! Here’s what I’ve done: Applied for Business Name Registration with Fair Trading (I’m in NSW), applied to have my old ABN reactivated (I previously got an ABN, however didn’t do anything with it as I was having another baby, so the ATO cancelled it), I’ve secured and paid for the .com domain for 5 yrs. At least I know the .com domain is safe, everything else is waiting on approval! Good point about the Trademark residing with a separate entity as our up and running business is in no way associated with my new business (except my own name being associated with both businesses) So I’m just winging it and hoping that no-one else registers my .com.au in the meantime. I lodged my ABN application over the net, does anyone know how long they take to approve? The website said up to 28 days, I hope I don’t have to wait that long! I think I will get a Trademark on this puppy as there are some VERY similar names out there, it will only be a matter of time before someone beats me to it!
    Cheers!
    Nicki

    #1019989
    Chris Bates
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    http://cove.com.au/

    .com.au $25/2years

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