Reserve a Company Name with 410 Form

With the 410 form, you can reserve a proposed name for an Australian public or proprietary company with the Australian Securities and Investments Commission (ASIC).

As a first step, determine whether the name you are about to reserve is identical to any existing business names. If so refer to Create a Doing Business As Data Library for further information.

You can reserve a company name in Diligent Entities using the name reservation data library. This data library can also be used for change of the reserved name, but that can't be e-filed.

1. Create a name reservation data library record.

   To create such a record, open the required incorporation record and select Data Library > New.

   Field	Description
   Type	Select Name Reservation as type. The page updates to show the relevant fields.
   Status	Select the status of the process.
   Assigned To	Select a responsible for this record.
   Name	Enter the proposed company name including the legal identifiers such as Pty or Ltd into this field. A proposed business name can't consist of symbols only and must contain at least two letters. Make sure that the proposed business name is correctly spelled when entered, as an incorrect spelling can result in either the wrong name being registered or the name reservation being rejected by ASIC. Note If the proposed name is identical to a registered business name, refer to Create a Doing Business As Data Library.
   Country	Select Australia.
   State/Province/Region	Select the region.
   Document No	Provided by ASIC upon acceptance of the name reservation. Enter the number here once received. Note The Document Number, From Date and To Date are updated automatically when the name is approved if the form was e-filed.
   From Date	Provided by ASIC upon acceptance of the name reservation. Enter the start date for this reservation period. Note The Document Number, From Date and To Date are updated automatically when the name is approved if the form was e-filed.
   To Date	Provided by ASIC upon acceptance of the name reservation. Enter the end date for this reservation period. Note The Document Number, From Date and To Date are updated automatically when the name is approved if the form was e-filed.
   Notes	Use this field to capture any additional details regarding this name reservation.
   Purpose of Reservation	Select the New Registration option. Once this option is selected, the page updates to show the New Registration For field. Note Only the New Registration option is supported for electronic filing. All three options are supported for paper filing.
   New Registration For	Select the company type the name reservation is for. Note Only names for Australian proprietary or public companies, that is, the Australian Company (Ch 2A - Part 2A.1) and Body Corporate As a Company (Ch 5B - Part 5B.1) options can be submitted electronically. Foreign companies and registered Australian bodies, that is, the Foreign Company (Ch 5B -Part 5B.1) and Registrable Australian Body (Ch 5B -Part 5B.2) options must be submitted to ASIC as paper forms.
   Applicant	Select the wand to select the entity authorised to apply for the name reservation. Note Any authorised entity can be selected as applicant, that is, individuals or companies.
   Use the company 'Presenters address' for the applicant	Select this option if the applicant's address is the same as the presenter address detail recorded in the 410 form.
   Reasons for manual review requested	Use this field to highlight the use of a restricted word in the proposed name to ASIC. ASIC then undertakes a manual review to assess the use of the word.
   Paper Copy	Enter details about the paper copy if applicable.

2. Open the Name Reservation data library you just created and select Wizards > Name Reservation to open the Application for Reservation of a Name wizard.

3. On the Declaration page, if no identical business names are found for the proposed business name, select Next.

   If an identical business name is found, its details are listed. Review and select the checkbox on the page to declare that you are registering the company for the owners of the identical business name. Select Next.

   Note

   The Next button only displays when the checkbox is selected.

4. On the Signatory page that displays, select an individual to act as signatory, select a signed on date and select the capacity in which the individual is signing. Select Next.

   Note

   If the signatory is an individual, it must be the same person as the applicant in order to complete the process. If the applicant is a corporate entity, the individual selected as signatory must be authorised to complete the process on behalf of the corporate entity.

5. On the Report page that displays, select Next.

6. (Optional) On the Finish page that displays, select the document name to open and review the form.

7. E-file the form from the Finish page or select Finish to e-file later.

   Select the document and select Other Options > Efile Documents. Select OK on the Privacy notice that comes up then complete the Efile Document wizard.

   If there are any gaps in required information, they are highlighted and the e-filing process displays Failed status. If there are no areas to address, the document is e-filed and a Completed status displays.

   To e-file the document later, go to Working Documents, find the document and select Wizards > Efile Documents.

8. Go to Working Documents > Electronic Filing and select the Send and Receive option to send e-filing form messages to ASIC.

   Upon successful application, ASIC reserves the company name for two months. ASIC confirms the acceptance of the name reservation using an RA56 form. The RA56 form holds a unique alphanumeric document reference number required for the name reservation data library. Upon acceptance of the name reservation by ASIC and the provision of a document reference number, Diligent Entities automatically adds this unique identifier to the Reservation Number field in the name reservation data library record. When ready to undertake the electronic incorporation, this document reference number is retrieved by Diligent Entities to link the reserved name to the new incorporation record.

   Note

   This document reference number is embedded into the electronic message of the form that is sent to ASIC and is not visible on the generated paper version.

What's next?

It is possible to extend the reservation period by creating a new Name Reservation data library record where the Extension of Reservation option is selected as purpose of reservation and filing the generated 410 form to ASIC on paper.