I want to reserve a company name and associated domain name in
Australia.  It is my own UK company name, which I want to reserve
until I start an expansion plan there.  I have been told, however,
that .com.au domains can only be given to companies with the actual
names already registered as a business in australia.
What I want to know is whether I can start a 'shell' company there, to
protect the name, and then get the domain name reserved.
If this is not possible from the UK because I need an address there
then how do I organise it through a friend there (with an Australian
Passport)?  Can I still use my own name?  Either way, what are the
costs involved?

Hi there,

I have been through this process myself, albeit as an Australian. The
cheapest and easiest process is to register a business name, and then
buy a .com.au domain name.


BUSINESS REGISTRATION
=====================

Registering a business name is the easiest path to acquiring a .com.au
domain name. The fees and processes involved vary depending on which
state or territory the business is located in. You will need to give a
physical address within the state or territory you apply to, and it is
okay to nominate someone as your agent:

NSW 
http://www.fairtrading.nsw.gov.au/businesstraderservices/businessnames/registeringabusinessname.html
Application fee $122.00 covers 3 years
Renewal fee $94.00 for each 3 years thereafter

ACT 
http://www.rgo.act.gov.au/home.htm
Application fee $114.00 covers 3 years
Renewal fee $93.00 for each 3 years thereafter

VIC 
http://www.consumer.vic.gov.au/cbav/fairsite.nsf/pages/of_bnames 
$70 for 3 years 

QLD 
http://www.fairtrading.qld.gov.au/oft/oftweb.nsf/Web+Pages/DC241B128EF86F284A256B42001D062C?OpenDocument
$101.80 for the first year 

SA 
http://www.ocba.sa.gov.au/businessnames/02_howtoregister.html 
$114 for 3 years 

WA 
http://www.docep.wa.gov.au/default_cp.asp?id=cp/dev_business/ssi/business_names/index&menu=cp_business&sub=business_names
$103 for 3 years 

TAS 
http://www.justice.tas.gov.au/breg/new_pages/bn_info_1.htm
$105 for 3 years 

NT 
http://www.nt.gov.au/justice/caba/business_affairs/business_names.html
No fees unless you are changing original particulars (address etc)



.COM.AU DOMAIN NAME
===================


You are correct about Australian domain names - these are the official
rules:

1. To be eligible for a domain name in the com.au 2LD, registrants
must be:

a) an Australian registered company; or

b) trading under a registered business name in any Australian State or
Territory; or

c) an Australian partnership or sole trader;

d) a foreign company licensed to trade in Australia; or

e) an owner of an Australian Registered Trade Mark; or

f) an applicant for an Australian Registered Trade Mark(1); or

g) an association incorporated in any Australian State or Territory;
or

h) an Australian commercial statutory body.

2. Domain names in the com.au 2LD must:

a) exactly match: 
(i) the registrant's company, business, trading, association or
statutory body name; or
(ii) the words comprising the registrant’s Australian Registered Trade
Mark or application for an Australian Registered Trade Mark; or

b) be an acronym or abbreviation of 2a) (i) or (ii); or

c) be otherwise closely and substantially connected to the registrant,
because the domain name refers to.
(i) a product that the registrant manufactures or sells; or
(ii) a service that the registrant provides; or
(iii) an event that the registrant organises or sponsors; or
(iv) an activity that the registrant facilitates, teaches or trains;
or
(v) a venue that the registrant operates; or
(vi) a profession that the registrant's employees practise.

The above is from the .au Domain Administration website:
http://www.auda.org.au/docs/auda-2002-07.txt

It is impossible to reserve a domain name, you will need to pay the
normal annual fees even while you are not using it.

The cheapest place I have found for a .com.au domain is Name Scout,
which charges $AU 59.99 for 2 years:
http://www.namescout.com.au/

Although I don't suggest that you do this, a few Australian businesses
have gotten around the .com.au rules by buying a .au.com domain:
http://www.au.com/about.html

------------------

I could find no restrictions on the nationality or residence of the
business owner. But you will need to have a physical address in
Australia (not a PO Box).


Research strategy:
Personal experience, plus an article I had written on the topic


Best wishes,
robertskelton-ga

---

Request for Answer Clarification by davepies-ga on 12 Nov 2002 16:17 PST

can i get a small clarification (albeit not specifically asked for):

how much effort is required to maintain such a business (in NSW) for
me as the director based in the UK?

I will rate this answer as "fine" regardless however since you did
cover all the points.  give me 10 minutes.  if you don't mind email me
directly with the above.

cheers and thanks,
david

---

Clarification of Answer by robertskelton-ga on 13 Nov 2002 20:49 PST

Hi again,

Maintaining the business in "reserve" mode (as I outlined) is merely a
case of paying the renewal fee every 3 years, and changing the contact
details if necessary.

When the business is operating it becomes more difficult, because you
will need to deal with tax and possibly GST (similar to VAT). I have
no experience in remotely running a business in another country, so I
can't really offer any advice. My guess is that although technically
only Australian businesses can run a .com.au website, once you own it
no-one will ever check whether this is the case or not. So you could
do everything in the UK.

PS You might not be aware of this, but all contact between the
questioner and researcher must be done must be done through the pages
at Google Answers using the clarification process.

Rob.

Complete.  Might ask him to do it for me...

See my web site for a comparison of domain name registration fees for
.au names:

auDA Accredited Registrar Price Comparison
http://www.whatsinaname.com.au/

Also there are no proprietary rights in a domain name. The registrant
does not "own" their domain name. Instead, they have a licence to use
the domain name for a specified period of time and subject to the
licence terms and conditions.

http://www.auda.org.au/help/basics.html#002


Josh
--
http://josh.id.au/