Home – New Forums Starting your journey Trading names and websites – Bad advice from Gov?

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  • #969845
    sluik
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    Hi all,

    Perhaps someone could clarify.

    I have a website that has potential for becoming something more, however advice from smallbusiness.wa.gov.au is that as a sole trader I am potentially risking prosecution because I have not registered a business name with the Government.

    The advice (via telephone) is that every page title of the website must be registered as trading names. My website has nine pages plus dynamically created content (flat file perl script search engine). This is $890:00 just to start and the kicker is that every time I add an additional page I must register the page title as an additional trading name before I can do anything.

    This advice really sounds ridiculous to me.

    Any help would be appreciated

    #1041207
    bridiej
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    I only just realised I needed to register my business name here in WA – it cost me $90 for three years.

    #1041208
    steve201
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    sluik, post: 49722 wrote:
    Hi all,

    Perhaps someone could clarify.

    I have a website that has potential for becoming something more, however advice from smallbusiness.wa.gov.au is that as a sole trader I am potentially risking prosecution because I have not registered a business name with the Government.

    The advice (via telephone) is that every page title of the website must be registered as trading names. My website has nine pages plus dynamically created content (flat file perl script search engine). This is $890:00 just to start and the kicker is that every time I add an additional page I must register the page title as an additional trading name before I can do anything.

    This advice really sounds ridiculous to me.

    Any help would be appreciated

    Hi,

    Each state in Australia has a state based Business Names Law that requires Business Owners to Register a Business Name to help protect the owners’ and consumers alike from people who would would behave in an untoward manner towards your business by attempting to use its name in vain.

    Please check carefully with you local state Business Names Registrar .

    Steve

    #1041209
    sluik
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    steve201, post: 49733 wrote:
    Hi,

    Each state in Australia has a state based Business Names Law that requires Business Owners to Register a Business Name to help protect the owners’ and consumers alike from people who would would behave in an untoward manner towards your business by attempting to use its name in vain.

    Please check carefully with you local state Business Names Registrar .

    Steve

    thanks for taking the time to post a reply, though I don’t understand the relevance.

    Perhaps I was a little on the ambiguous side in my post, I’ll try to be concise and to the point.

    With a business website of multiple web pages, it was categorically stated that each web page title must be a registered trading name. The clear implication of this is that a page title of ‘contact details’ had to be a registered business name.

    So the question I am posing is..

    Is this so?

    If not so, what is?

    #1041210
    Craig_Longmuir
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    if that were the case there would be a lot of business called “home” “about us” “contact us”…!!

    #1041211
    sluik
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    craiglongmuir.com, post: 49750 wrote:
    if that were the case there would be a lot of business called “home” “about us” “contact us”…!!

    :) …well one could also suggest that there would only be one corporation called ‘contact name’ who’s main line of business would be litigation against every website on the globe for infringing upon their trading name.

    #1041212
    Tiggerito
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    There is no way that can be true, in so many ways.

    Would be a good way to get some revenue. Think of how many websites there are and multiply by the pages on each websites. And then every time someone slightly changes a title. Who needs smokers.

    #1041213
    Snow
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    for starters i would be registering the trading name ie henrys sandpit and if the website was http://www.henryssandpit.com.au i wouldnt be to worried about going any further.
    it would be a logistical nightmare if http://www.henryssandpit.com.au/contact had to be registered as a separate name.
    but im not enforcing strange laws from the wild west. ha

    #1041214
    Phil Wilson
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    Whoever you talked you was obviously confused between rules for Sole traders and registered Companies.
    Sole Traders trade under their own name, otherwise they have to register a business name.

    It sounds like you are attempting to trade under a business name without registering it first.
    Unless your domain name is your name, then you will have to register the business name…. but just the main name – not every title of every page.

    Of course… I may be confused with the rules myself ;p
    I’m not in WA.

    Cheers

    #1041215
    Jake@EmroyPrint
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    Just to clarify the points made above – Each page of your website does not need a new trading name.

    In fact, as far as I know – Your trading name doesn’t have to have ANYTHING to do with your domain name.

    – Jake

    #1041216
    sluik
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    Phil Wilson, post: 49761 wrote:
    Whoever you talked you was obviously confused between rules for Sole traders and registered Companies.
    Sole Traders trade under their own name, otherwise they have to register a business name.

    It sounds like you are attempting to trade under a business name without registering it first.
    Unless your domain name is your name, then you will have to register the business name…. but just the main name – not every title of every page.

    Of course… I may be confused with the rules myself ;p
    I’m not in WA.

    Cheers

    Well the question I asked of the gentleman was simply whether a sole trader who was working entirely via the internet needed to apply for a trading name. To be fair to the gentleman on the phone I don’t think he knew the difference between a domain and a subdomain.

    I got a subdomain a year ago without any fuss and have been using it as a real world sandpit to get the website’s SEO and practicalities worked out such as a triple2A accessibility rating. This alone has been a years work when teaching yourself from scratch.

    From what I understand, I see no reason why a soletrader using a subdomain needs to register a trading name. Especially if he is not yet trading.

    This is doubly so when it would be months to a year before I can satisfy the requirements for qualifying for a trading name, ie prove one is actively trading.

    So my problem is that I am caught between experts who tell me I am breaking the law and am open to being prosecuted by not registering a business name and other experts who are telling me I don’t yet qualify to do these very same things.

    #1041217
    sixx
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    Emroy, post: 49762 wrote:
    In fact, as far as I know – Your trading name doesn’t have to have ANYTHING to do with your domain name.

    – Jake

    Yep, you are right.
    As long as the information supplied to auda when securing the domain name is correct, you can pretty much do whatever you like with it. There’s been relevance issues in the past regarding an owners right to a particular domain (a completely seperate issue), but nowhere does it state in auda policy that trading names be registered for or even a single trading name be displayed on each web page.

    #1041218
    Melinda B
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    sluik, post: 49771 wrote:
    To be fair to the gentleman on the phone I don’t think he knew the difference between a domain and a subdomain.

    I got a subdomain a year ago without any fuss and have been using it as a real world sandpit to get the website’s SEO and practicalities worked out such as a triple2A accessibility rating.
    I don’t get this part. I understand why you’d use a subdomain as a sandpit. Why is it important that the guy on the phone understood the difference?

    Quote:
    From what I understand, I see no reason why a soletrader using a subdomain needs to register a trading name.
    For the purposes of registering a business name it makes no difference if you have a top level domain or a subdomain. If you are conducting business activities on the domain/subdomain then you should have it registered, yes?

    If you’re not conducting business activities – whether you’re making money from it or not – then the whole question is moot.

    #1041219
    sluik
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    • Total posts: 8
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    Hi all,

    I got some professional advice today and in a nutshell I’m online publishing which anyone can do without a trading name.

    So, We could close this thread.

    thanks to all who have taken the time to respond to a business newbie’s concerns.

    Albert Sluik

    #1041220
    smallspark
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    The only reason I have had to register a trading name for a website was for the purposes of setting up an internet merchant facility with the bank for use on that website.

    As far as I know this was a requirement of the bank, not the government.

    I needed to have a trading name that matched the domain name (not necessarily exactly, but close enough) and the name as presented on the website.

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