ASIC Business Names Search: Electronic Lodgement Protocol (ELP)

1. Approval
1.1 Under paragraph 68(b) of the Business Names Registration Act 2011 (BNR Act) We approve electronic lodgement through Information Brokers as the manner for lodging the documents in Schedule A (Transactions).
Note: For other approved manners of lodgement under section 68(b), see ASIC Approval of manner of lodgment of documents -paper available by contacting Us.
1.2 This approval is the Electronic Lodgement Protocol - Business Names (referred to as the Electronic Lodgement Protocol or ELP in the Online Business Name Service).
1.3 The approval in paragraph 1.1 applies to the lodgement of transactions where you agree to the following terms and conditions.
2. Access to Information Brokers
2.1 You may lodge the Transactions with Us electronically through Information Brokers.
2.2 You must have compatible hardware, software and Your own internet connection to access Information Brokers.
2.3 You must have a current Online Access Account to be able to access Information Brokers. To obtain an account You must provide Us with requested information and agree to notify Us of any changes to the information provided
2.4 You may link a business name to Your Online Access Account to carry out any Transactions in respect of that business name.
2.5 To link a business name to Your Online Access Account, You must provide the ASIC Key for that business name.
2.6 You acknowledge that the Transactions may not be accessible from time to time and We will provide notice of the availability of specific online Transactions on the Online Business Name Service.
3. Authorisation and Use
3.1 You confirm and warrant to Us that You are duly authorised to submit the Transaction.
3.2 You warrant that, where the consent of the business name holder is required, You consent on behalf of the business name holder.
3.3 You warrant that any person using Your Online Access Account is so authorised and is aware of, and complies with, this approval.
4. Incomplete Transactions
4.1 Before submitting a Transaction, You may save information related to that Transaction in Your Online Access Account for a later time. The information will be saved for a period of 90 days after which it may be deleted. We will not be liable to You or any other person for the loss of any such information, whether accidental or otherwise, before a Transaction is submitted for lodgement.
5. Receipt of Transactions
5.1 We will issue a report stating a Transaction number and the date and time of receipt of submitted Transactions.
5.2 Submitted Transactions will not be taken to be received until a report is issued.
6. Reliance on Submitted Transactions
6.1 We will rely on submitted Transactions unless You notify Us that the Transactions are not authorised.
6.2 Transactions are taken to be lodged only if We are satisfied that the Transactions meet all the requirements of the Business Names Legislation, including the payment of any fees payable where applicable.
7. Privacy and Security
7.1 Information Brokers is subject to ASIC's Privacy Statement and our Privacy Statement as published on Our website and varied from time to time.
7.2 You must take all reasonable steps to protect and maintain the security of Your access account, including maintaining the security of all usernames, passwords, ASIC Keys and any other information relating to access, authentication and security relating to Your access account.
7.3 You must take all reasonable steps to prevent and detect both unlawful and unauthorised use of Your access account.
7.4 You must take all reasonable steps to ensure that Your access to and use of Your access account (without limitation including any Transactions submitted to Us) will not disrupt or adversely affect Information Brokers, the Business Names Register or any of Our other online services.
7.5 You must immediately notify Us if You know or suspect that access or authentication security information has been compromised or any other kind of unlawful and unauthorised use or security breach has occurred, or if You detect a fault, error or problem in Your access account.
8. Disclaimer and Liability
8.1 You acknowledge that the speed and characteristics of the Online Business Name Service will vary at times and under varied circumstances and may not always work as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable.
8.2 We will not be liable to You or any other person for any loss, damage, costs or expenses of any kind arising out of or in connection with any delay, omission, default, negligence or error by Us in relation to the availability, functionality or performance of the transmission, receipt, authentication or lodgement or any other dealing with Information Brokers including any software developed by third parties for that purpose.
8.3 We will endeavour to provide reasonable notice of any changes to the functionality and other characteristics of Information Brokers. You acknowledge that it may not be reasonably possible to provide notice in all circumstances and that in no event will We be obliged to provide notice exceeding 7 days.
9. Other Notices
9.1 Except where the Business Names Legislation otherwise provides, We may advise or notify You of any matter on or via Our website, by telephone, SMS, email, or mail to any relevant address You have provided to Us.
10. Termination, Suspension and Cancellation
10.1 We may terminate Your Online Access Account at any time with or without notice if:
  1. We reasonably believe You have breached any clause of the ELP, or
  2. We reasonably believe You have provided Us with incomplete, inaccurate, false or misleading information, or
  3. We consider that Your access account has become inactive.
  4. We may suspend Your Online Access Account at any time with or without notice for a period of time determined by Us.
10.2 You may cancel Your Online Access Account at any time by notifying Us.
11. Governing Law and Severability
11.1 The law in force in the Australian Capital Territory governs this approval and the Transactions contemplated by this approval.
12. Consent to Use Email for the Receipt of Notices under the Business Names Legislation
12.1 You agree to provide a valid email address for the business name and You warrant that the email address will be maintained.
12.2 You consent to Us using the email address provided as the address for the receipt of notices under section 73(b) of the BNR Act and any other correspondence from Us relating to the business name.
12.3 The business name holder may change the address for receipt of notices by notifying Us at any time that the address has changed.


Dated 25 May 2012. For the most up-to-date version of the ELP, please visit the ASIC website.

Signed by Rosanne Bell as a delegate of the Australian Securities and Investments Commission

Glossary

Term Meaning
ASIC Key A unique key issued by Us to every business name registered. The ASIC Key is required to conduct Transactions with Us in relation to a business name
ASIC Connect Online service available at www.asic.gov.au that ASIC customers may use to search ASIC registers and conduct business name transactions.
ASIC Smart Form An online service that enables an ASIC customer to submit business name transactions to ASIC electronically
Business Names Legislation Business Names Registration Act 2011, Business Names Registration Regulations 2011, Business Names Registration (Fees) Act 2011, Business Names Registration (Fees) Regulations 2011, Business Names Registration (Transitional and Consequential Provisions) Act 2011, Business Names Registration (Transitional and Consequential Provisions) Regulations 2011, Business Names Registration (Availability of Names) Determination 2012
Business Names Register The register established and maintained by Us pursuant to section 22 of the BNR Act
Machine to Machine Channel The service provided by ASIC allowing messages in Extensible Mark-Up Language (XML) to be generated, received and sent to and from ASIC in the prescribed format through the internet.
Online Access Account ASIC Connect account through which ASIC customers may conduct business name transactions
Online Business Name Service ASIC Connect , Machine to Machine channel and ASIC Smart Form
The BNR Act Business Names Registration Act 2011
Transaction or Transactions Submission and lodgement of documents as required under the Business Names Legislation in the approved form under paragraph 67(1)(b) of the BNR Act (as set out in Schedule A)
We, Us or Our Australian Securities and Investments Commission
You or Your An individual, other than Us, who wishes to use Information Brokers.

Schedule A – Approved Online Transactions

Transaction Description Provision
Apply for a Business Name Application to register a business name s23, BNR Act
Apply for a Business Name- Request an alternative Registration period Application to have an alternative registration period determined for the registration of a new business name s33, the Act
Renew a Business Name- Request an alternative registration period at renewal An application to have the registration of a business name renewed for an alternative registration period s55, the Act; Item 22 of Schedule 1, Transitional Act
Cancel or transfer a Business Name An application to cancel the registration of a business name s42, the Act
Notice to consent to the registration of a business name to another entity s31, the Act
Change Business Name Details Notice of change to Business Name Details s35, the Act
Other notifications Notification that an entity has become disqualified or that an entity of a grandfathered business name is disqualified s36, the Act; Item 11 of Schedule 1, the Transitional Act
Nomination of a principal place of business and nomination of an address for service Item 17 of Schedule 1, the Transitional Act
An application for a review of an ASIC decision s57(3), the Act; Item 28 of Schedule 1, Transitional Act
Search Application for a copy of entries in the Business Names Register s60, the Act

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