Register a business name
First things first - any one can legally trade under their own birth name.
So, let's say your name is Marcelle Lindquist and you are a visual artist that sells your own artworks. You are entitled to trade legally under your birth name as long as you claim your earnings as income.
But, let's say you are a performance artist and you are working under the name Marcelle Lindquist Productions. You will need to register this as a business name.
It may not seem like much, but by simply adding the word Productions, you are now required to register that name as a business. This is because someone else may already own that as their legal trading name. Trading under a name registered to someone else is breaking the law, so it is definitely worth checking before you start trading under a business name that is not your own birth name.
To register a business name in South Australia
The first step is to search the National Names Index. You can find this online at at http://www.search.asic.gov.au/gns001.html.
If you are an Australian resident you can also go to your states Office of Consumer and Business Affairs and search the database there. If the name you have selected is not registered by anyone else you will be able to fill out a registration form, pay the apporpriate fee and in no time at all you'll be registered. If the name you have selected in already taken unfortunately you'll just have to think of another one.
Just because you have registered your business name in another state doesn't automatically mean that your name is registered to trade in South Australia. If you already have a business name elsewhere it may be worth making sure that you can in fact trade under that name in SA
Download an application for Registration of Business name on the Office of Consumer and Business Affairs website and lodge by either mail fax or it person.
Can you list your production company name in the Fringe Guide without registering it?
We strongly encourage all artists to do the right thing and protect themselves from any legal action in the future. The Fringe must trust that if you list a production company name in your Fringe Guide listing, that you have taken the appropriate steps to ensure you can legally do so. Adelaide Fringe Inc. cannot and will not be held responsible or liable for any legal actions if you have not taken the recommended steps of registering your business name.