Coronavirus (COVID-19) updates from the Australian Government

Words suggesting royal patronage etc

Date

Guidelines for the use in body corporate names of the word 'Chartered'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(b) provides that a name is unacceptable for registration if the name contains a word or phrase specified in an item in Schedule 6 of the Regulations, an abbreviation of that word or phrase, or a word or phrase or an abbreviation having the same or a similar meaning. Item 6306 in Part 3 of Schedule 6 specifies the word 'Chartered'.

The intention of this rule is to prevent bodies corporate giving the misleading impression that they have been created under Royal Charter.

Criteria for the Assessment of Applications

Consent will normally be granted to the use of the word 'Chartered' in a body corporate name where:

  1. no misleading impression is given about the creation of the body corporate by Royal Charter; or
  2. the body corporate is very closely connected with a body corporate that has been incorporated by Royal Charter.

Guidelines for the use in body corporate names of words suggesting a connection with a member of the Royal Family or the receipt of Royal patronage.

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rules 6203(e)(i) and (ii) respectively provide that for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if the name in the context in which it is proposed to be used, suggests a connection with a member of the Royal Family or the receipt of Royal patronage, if that connection does not exist.

Criteria for the Assessment of Applications

Such a connection would, for example, be taken to exist if:

  1. the relevant member of the Royal Family has endorsed a name that suggests a connection with that person;
  2. the body corporate has in fact received Royal patronage, or is very closely connected with another body that has received Royal patronage; or
  3. the Queen has approved the use of the body corporate's seal.

Where a proposed body corporate name suggests a connection with Royalty that does not exist, an applicant for consent to the use of the proposed name will need to demonstrate that there is no real likelihood that members of the public will be misled into believing that that there is such a connection.

Guidelines for the use in body corporate names of the words 'Sir Donald Bradman'

Regulation

Subregulations 2B.6.01(2) and 5B.3.01(2) respectively of the Corporations Regulations provide that, for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 6 of the Regulations.

Rule 6203(e)(iv) provides that for paragraphs 147(1)(c) and 601DC(1)(c) of the Corporations Act, a name is unacceptable for registration if the name suggests a connection with Sir Donald Bradman if that connection does not exist.

Criteria for the Assessment of Applications

Where a proposed body corporate name suggests a connection with connection with Sir Donald Bradman that does not exist, an applicant for consent to the use of the proposed name would need to demonstrate that there is no real likelihood that members of the public would be misled into believing that there is such a connection.