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Legal person defined

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22 April 2015

A legal person includes:

  • an individual recognised by law as a legal person, or
  • a group of people recognised by law to act as one individual.

If you are applying for a REC Registry account your account name should represent a legal person, and, in the case of a company with an ACN, must match the name on the Australian Securities and Investment Commission register. Examples of legal and non-legal entities are listed below.

Individuals

  • Roger Smith (not R Smith)
  • John and Julie McGregor (not Mr & Mrs McGregor)
  • Susan McIntyre and Rosemary Sprinkle

Corporation/Company
Must have an ACN and must match ASIC register

  • Green Building Pty Ltd
  • Green Infrastructure Limited

Government entities
Must be established by legislation

  • Australian Securities and Investments Commission (Australian Securities and Investments Commission Act 2001)
  • Brisbane City Council (City of Brisbane Act 1924)

Others
Include entities registered (but not established) pursuant to Commonwealth or State legislation.

  • Perth Building Society (Perth Building Society (Merger) Act 1983)
  • Any trade union that has been registered under the Fair Work Act 2009.

Non legal
Cannot become registered

  • Businesses (with an ABN but no ACN)
  • Trusteeships
  • Partnerships
  • Trading names

Non-legal entities can also apply for an account as long as there is a legal name in the account name. Account names which include the name of a non-legal person should begin with the name of the legal person, followed by the non-legal entity, for example:

  • Solar Works Pty Ltd trading as Gecko Solar
  • John Smith acting as trustee for The Bloggs Family Trust, or
  • John and Cynthia Smith (J and C Smith Partnership).

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