Trading names and corporation/company formation procedure

Intent and objectives

This procedure outlines the process and authorisation required for registration of trading names and membership of corporations, partnerships and joint ventures.

Scope

It applies where it is proposed that the University or any of its controlled entities:

  • form or become a member of a corporation (including a company) or an unincorporated partnership or joint venture;
  • register a Business Name; or
  • register a Trade Mark

Exclusions

Nil.

Procedure provisions

Business names

1. In the event that a particular School, Centre, Institute or other group wishes to register a Business Name for the purposes of its operations, a written submission must be made to the Vice-Chancellor and endorsed by the relevant member of the senior executive, explaining why such registration is considered to be necessary or desirable, and seeking approval for registration.

2. An application for registration may only be signed by the Vice-Chancellor, or as authorised by the Vice-Chancellor on approval from the Deputy Vice-Chancellor, Vice President Resources, Deputy Vice-Chancellor Engagement and Vocational Education, Vice-President Strategy and Governance or relevant Pro Vice-Chancellor.

3. Details of a registered Business Name (and Certificate of Registration) are to be provided to the Vice-President Strategy and Governance, who will maintain a register of University Business Names.

Trade marks

1. In the event that a particular School, Centre, Institute or other group wishes to register a Trade Mark for a product which it has developed, a written submission must be made to the Vice Chancellor and endorsed by the relevant member of the senior executive, explaining why such registration is considered to be necessary or desirable, and seeking approval for such registration.

2. An application for registration may only be signed by the Vice-Chancellor, or as authorised by the Vice-Chancellor on approval from the Deputy Vice-Chancellor, Vice President Resources, Deputy Vice-Chancellor Engagement and Vocational Education, Vice-President Strategy and Governance or relevant Pro Vice-Chancellor.

3. Details of a registered Trade Mark (and Certificate of Registration) are to be provided to the Vice-President Strategy and Governance, who will maintain a register of University Trade Marks.

Membership of corporations, partnerships and joint ventures

1. Membership/shareholding in a corporation (whether a wholly-owned subsidiary or otherwise) or entry into a joint venture must be in accordance with the requirements of the Commercial Activity Guidelines applicable to RMIT.

2. Any submission to Council for approval of membership/shareholding in a corporation, partnership or joint venture must be approved by the Vice-Chancellor and sponsored by the Vice-Chancellor, Deputy Vice-Chancellor, Vice President Resources, Deputy Vice-Chancellor Engagement and Vocational Education, Vice-President Strategy and Governance or a Pro Vice-Chancellor.

3. In the submission to Council the sponsor must nominate an officer of the University (by title) who will be responsible for the oversight and management of the membership/shareholding (‘the nominated officer”).

4. Where a particular nominated officer leaves the University, the nominated officer’s responsibilities in respect of these guidelines are to be assumed by the person who replaces the nominated officer in his/her day to day position.

5. The nominated officer shall:

  • attend Annual General Meetings and other meetings or briefings provided by the corporation, partnership or joint venture;
  • provide to the University Secretariat and to Financial Services Group all information necessary for provision of financial and other statutory reports required to be provided by the University;
  • report on an annual basis to the Vice-Chancellor’s Executive with respect to the nominated officer’s assessment of the performance of the corporation and recommend any appropriate action;
  • develop relationships with other shareholders/members to establish common goals and strategies which inform the board of directors of the corporation (or board of management of the partnership or joint venture) in respect of their decision-making; and
  • have appropriate qualifications or experience to act as a director of a corporation

6. The provisions in paragraphs 3-5 of this procedure relating to nominated officers shall not apply where the entity is a controlled entity in accordance with the RMIT Controlled entities policy.

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