Corporation name requirements

Aboriginal and Torres Strait Islander Corporations must have one of following phrases (without any changes) in their name: 

• Aboriginal Corporation
• Torres Strait Islander Corporation
• Aboriginal and Torres Strait Islander Corporation
• Torres Strait Islander and Aboriginal Corporation
• Indigenous Corporation.

If an Aboriginal and Torres Strait Islander Corporation is a registered native title body corporate, it must have those words in its name or the abbreviation ‘RNTBC’. It cannot have ‘registered native title body corporate’ or ‘RNTBC’ in its name if it isn’t one. 

The CATSI Act also says corporations can either have a name that is available, or ‘Indigenous Corporation Number’ (ICN) followed by the corporation’s ICN instead of a name.

What is an unavailable corporation name?

Unavailable names are those that are:

• the same as a name:
  • being requested in an application to register an Aboriginal and Torres Strait Islander corporation
  • already registered to an Aboriginal and Torres Strait Islander corporation
  • registered under the Corporations Act 2001 (the Corporations Act)
  • reserved for a company under section 152 of the Corporations Act
  • on the Australian Securities and Investments Commission’s Company Search (referred to as the National Names Index in the CATSI Act)
• listed as unacceptable names in Schedule 1 of the Corporations (Aboriginal and Torres Strait Islander) Regulations 2017.

What is an unacceptable corporation name?

A corporation name is unacceptable if:

• it contains certain phrases, words or abbreviations as set out in Schedule 1 of the Corporations (Aboriginal and Torres Strait Islander) Regulations 2017
• it contains the words ‘Commonwealth’ or ‘Federal’ or suggests a connection with local, state or federal government when one does not exist
• it suggests a connection with other specified people or institutions as set out in Schedule 1 of the Regulations, including the Royal family, when one does not exist
• it suggests the members are unable to do things when they can
• the Registrar thinks it is undesirable or likely to be offensive
• it is a prescribed term. 

Undesirable or likely to be offensive

The Registrar may decide a corporation name is undesirable or likely to be offensive if it: 

• contains swear words 
• contains words or abbreviations that may cause offence 
• suggests illegal activity
• suggests the corporation is not an Aboriginal and Torres Strait Islander Corporation
• suggests the corporation is something that it is not
• could cause conflict or division.

Prescribed terms

The following are prescribed terms:

• Anzac
• Geneva Cross, Red Crescent, Red Cross or Red Lion and Sun
• United Nations
• University

For a corporation to have any of these words in its name, the relevant federal minister needs to give their approval.

What if our corporation wants to have an unavailable or unacceptable name?

The Registrar can give permission to a corporation to have an unavailable or unacceptable name. The Registrar’s permission must be in writing and can be subject to conditions.

If a condition is breached, the Registrar may direct a corporation to change its name.

Can a corporation name include abbreviations?

A corporation name can include abbreviations. Abbreviations will be considered on a case-by-case basis. 

Registered native title bodies corporate can use the abbreviation ‘RNTBC’ in their name instead of those words.

Corporations can use the abbreviation ‘ICN’ to refer to their Indigenous Corporation Number in their corporation name.

Other abbreviations that can be included in a corporation name are:

• ‘Aust’ instead of ‘Australian’ 
• ‘No’ instead of ‘Number’ 
• ‘&’ instead of ‘and’ 

Can a corporation name include punctuation marks?

A corporation name can include parentheses in its name but not at the start or end. For example, these names would not be acceptable:

• (ABC) Aboriginal Corporation 
• Aboriginal Corporation (ABC).

A corporation name can include apostrophes. For example: ABC’s Aboriginal Corporation.

A corporation name cannot include commas, quotation marks, full stops, colons, semi-colons, dashes or slashes as part of their name. 

For example, these names would not be acceptable:

• ABC, Aboriginal Corporation 
• ABC’ Aboriginal Corporation 
• “ABC” Aboriginal Corporation
• ABC. Aboriginal Corporation 
• ABC: Aboriginal Corporation 
• ABC; Aboriginal Corporation 
• ABC - Aboriginal Corporation 
• ABC – Aboriginal Corporation 
• ABC — Aboriginal Corporation
• ABC / Aboriginal Corporation.

Generally a corporation name cannot include symbols. The Registrar may consider registering a corporation name with symbols if it also includes words. 

Can a corporation name include numbers other than its ICN?

A corporation name can include numbers, both numerical and spelled out. For example: 

• 1 Aboriginal Corporation 
• One Aboriginal Corporation.

Can a corporation name start with ‘The’ and ‘A’?

A corporation name can starter with ‘The’ and ‘A’. For example: 

• The ABC Aboriginal Corporation  
• A ABC Aboriginal Corporation.

Can a corporation change its name after registration?

A corporation can change its name after registration by:

1. passing a special resolution to change its name 
2. lodging an application with the Registrar to change its name within 28 days of the special resolution with a copy of it and the meeting minutes.

If the corporation’s name complies with the requirements of the CATSI Act and CATSI Regulations, the Registrar must change its name. Once the Registrar has changed the corporation’s name on the Register of Aboriginal and Torres Strait Islander Corporations, the new name is in effect.

Can the Registrar direct a corporation to change its name?

The Registrar direct a corporation to change its name within two months if: 

• the name should not have been registered 
• the corporation has breached a condition of having the name
• the Registrar no longer agrees to the corporation having the name or the corporation is otherwise no longer allowed to use the name. 

The Registrar must give the direction in writing. 

It is an offence if the corporation not to do everything possible to change its name within 2 months of receiving a direction from the Registrar.

If a corporation does not change its name within 2 months, the Registrar may change the corporation’s name to its ICN and one of the following phrases:

• Aboriginal Corporation
• Torres Strait Islander Corporation
• Aboriginal and Torres Strait Islander Corporation
• Torres Strait Islander and Aboriginal Corporation
• Indigenous Corporation.

Can a corporation keep its name if it transfers from the CATSI Act?

A corporation transferring its registration to another Commonwealth, state or territory law should not keep any of these phrases in its name because they are unique to Aboriginal and Torres Strait Islander corporations: 

• Aboriginal Corporation
• Torres Strait Islander Corporation
• Aboriginal and Torres Strait Islander Corporation
• Torres Strait Islander and Aboriginal Corporation 
• Indigenous Corporation.