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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am planning to buy a Online business. Business Name

Customer Question

Hi I am planning to buy a Online business.
Business Name : Crowd Control Systems
Company Name : The Dukes Group Pty Ltd
I just want to transfer the Business Name and also register as a company name.
Like Below:
Business Name : Crowd Control Systems
Company Name : Crowd Control Systems
Could you please let me know the best way to approach?
Is it possible for the seller to register a new company with the name Crowd Control Systems and then transfer both the Company Name and Business Name.
What would be the cost involved
Thanks
Vignesh
Submitted: 8 months ago.
Category: Australia Law
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 8 months ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.You have to make sure you do your due diligence.If they are running a business have a look at their financial records and have an accountant give you advise on them. Make sure that you have a full contract between you and the seller so that you know you are protected. What state are you in?
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 8 months ago.
Good EveningWhat state are you in?
Customer: replied 8 months ago.
Hi
thanks for the reply.I have completed all the checks.
My main questions is around how to transfer the business to mine.As given in the question i need to transfer the business name and register that as the company name.Please let me know the best way to do that.Thanks
Expert:  Leon replied 8 months ago.
If you are not buying the company just the business and the business name you have to have a contact. The seller has to prepare it.
Customer: replied 8 months ago.
He has send the contract.But I need to know the best possible way to transfer and also register.
Expert:  Leon replied 8 months ago.
There has to be a transfer of the business name to you by him. This is done through ASICHe has to arrange it. The company if he has the company you cannot register the same one. You have to get another Company with a different name and then once you set that up transfer the business to it. Is there a lease involved and premises?
Customer: replied 8 months ago.
Thanks for the reply
No lease or premise involved.The company name was used by him in the past but not now. Nearly 2 years. Now the business name is ***** ***** company name.
If i get the business name transferred to a different company name. Can I still apply for change of name to be same as business name?
Expert:  Leon replied 8 months ago.
Good EveningOnly if he lets the company cease to exists and deregisters it. If he has the company name he can stop you using the name to run the business. The contract should have a clause that allows you to use the name once it becomes your business.