Australian Ltd

ABN ACN and business names

Transfer a business name to another owner or entity

A practical guide to transferring an Australian business name: how the ASIC transfer works, what the buyer and seller must agree, and which other registrations change.

Checked: 2026-10-01

A business name transfer is not one event. It is two separate actions in ASIC's online system: the current holder starts it, and the new holder finishes it. Nothing moves until the second person acts.

That distinction matters, because the name register is not the sale. ASIC records who holds the registration. It does not record what you agreed to pay, when control passed, or who owes which debts. Those sit in your contract, and this guide separates the two so you can sequence them properly.

This guide covers selling a business, moving operations into a new entity, handing a business to a family member, and adding a partner. Those are the situations business.gov.au identifies as changing business ownership.

When a name needs to move, and when it does not

The trigger is simple. ASIC states that if your business has a new owner and they want to use the business name, you will need to transfer the registration.

Three common scenarios:

If the same entity keeps trading under the same name, there is no transfer. The register follows the entity, not the premises, staff or trading style.

What ASIC requires

The process runs in a fixed order, set out by ASIC:

Step Who acts What happens
1 Current business name owner Starts the business name transfer
2 Current owner Receives a transfer number and passes it to the new owner
3 New business name owner Registers the name using that transfer number
4 ASIC Cancels the current owner's registration within 28 days of the transfer being submitted

Two practical implications follow from that table.

First, the outgoing holder controls the start. If you are the buyer, your settlement timetable depends on the seller lodging the transfer, so make it a precondition of settlement rather than something to chase afterwards.

Second, step 3 sits with you as the incoming owner. The registration does not move simply because the seller asked for it to. Until you complete your side, the old holder still appears on the register and ASIC's 28-day cancellation clock is running against their registration.

Confirm with ASIC before you rely on any particular sequence: whether the transfer number expires, what happens if the new holder does not register the name, and how the process treats multiple names held by the same entity. Those details are on ASIC's transfer page and can change.

What the parties must agree before anyone touches the register

Because the register carries no commercial terms, your sale or transfer agreement needs to carry them. Agree these before settlement:

Item four is where most deals go wrong. Put it in writing with a deadline, because the outgoing holder's registration is cancelled on ASIC's schedule regardless of how your negotiations are going.

The ABN does not travel with the name

This is the point that catches people restructuring into a company. business.gov.au states plainly that you cannot transfer an ABN and the new business owner will have their own.

So the chain is: new owner — new ABN — new holder of the business name registration. The old ABN stays with the old entity, and it may no longer serve any purpose once trading stops. Whether it should be cancelled, and what that means for other tax registrations, is a question for the ATO or your tax agent rather than something to assume.

Registration is also separate from other identifiers and assets you may have built around the name. Domain names, social media handles, trade marks and phone numbers sit outside the business name register and each has its own transfer rules and its own owner of record. Check ownership of each one individually rather than treating them as bundled with the name.

Licences, permits, leases and records

The business name is one registration among several. business.gov.au advises that you may need to transfer your leases, permits and licences to the new business owner, and that there are key assets and records to hand over.

Read that as a checklist exercise, not an automatic one:

What happens to the previous holder's obligations

ASIC cancels the outgoing holder's registration within 28 days of the transfer being submitted. Until that cancellation takes effect, the current holder still appears on the register.

Understand what cancellation does and does not do. Our reading: it ends that entity's registration of the name. It does not of itself extinguish debts incurred while trading, release anyone from a lease or supplier contract, or alter any tax obligation. Those depend on the contracts and the law that created them, so a person who has stopped using a name can still be liable for things done under it.

That is why the old holder should keep business records after the transfer, not discard them. How long, and in what form, depends on obligations set by the ATO and other agencies — verify rather than guess.

Finally, notify the agencies that need to know. business.gov.au's change of ownership guidance covers which government agencies to notify when ownership changes; that list is the right starting point, because the ATO, state and territory revenue offices and industry regulators each maintain their own records.

Verify these before you lodge

Confirm each item with the responsible official source, since processes and details change:

Your next steps

  1. Determine which entity will hold the business name after the change, and confirm it has its own ABN.
  2. If you are the buyer, make the seller's lodgement of the ASIC transfer a settlement precondition with a date attached.
  3. Review every lease, permit and licence for transfer restrictions before completion day.
  4. Record in the sale agreement who does each ASIC step, and who carries pre-handover liabilities.
  5. Have the current owner start the transfer, then have the new owner register the name using the transfer number.
  6. Work through business.gov.au's agency notification list once the transfer is underway.

This article is general information about Australian business name registration, published by Australian Ltd. It does not take account of your objectives, financial situation or needs, and it is not legal, tax, accounting or financial advice. Australian Ltd is not a lender, broker, government body, regulator or comparison service. Registration requirements are set by ASIC and other agencies; check the official sources linked above before acting, and consider speaking with a registered adviser about the transfer of your specific business.