Register or hold a .AU domain using a Trust

A Discretionary Trading Trust is not eligible to register or hold a AU domain

Recently AuDA (the Australian Domain Authority) started enforcing a rule which prevents registrants using a Discretionary Trading Trust to register or hold a AU domain.

AuDA have allowed registering domains with a Discretionary Trading Trust for decades so unfortunately we're seeing a large number of AU domains which now have invalid eligibility criteria due to the new enforcement.

We're also observing clients attempting to register domains under a Discretionary Trading Trust, and the registrations are failing due to invalid eligibility criteria. Regardless of them having registered domains with the Trust previously.

Unfortunately this is the new standard for AU domain eligibility, so registrants will need to adjust their registrant eligibility information when registering AU domains.

For existing AU domain holders with invalid registrant eligibility due to using a Discretionary Trading Trust for the registrant, a Change of Registrant application is required.

This article provides solutions for registering or holding an AU domain using a trust information as the registrant.

Register a domain through a trust

Discretionary Trading Trusts aren't eligible to hold .com.au registrations but the Trustee entity for the Trust eligible.

Every Trust has a Trustee and the entity type for the Trustee can be a Company, Sole Trader or Individual.

You can register the domain using the trustee's ABN/ACN (or another ABN/ACN if you have one more suitable).

To register a AU domain. Login to our Client Portal, navigate to Domains >> Register a New Domain.

If you don't have a ABN/ACN associated with the trustee, you can supply the trust deed to our support team and we can process the registration with the deed as verification of the trustee.

Resolve invalid registrant eligibility criteria

If your domain was registered with a Discretionary Trading Trust ABN/ACN, then the eligibility criteria is invalid and the domain is subject to being audited by AuDA.

To continue holding the domain name, you need to process a Change in Registrant application and change the registrant to the Trustee ABN/ACN (or another ABN/ACN if you have one more suitable).

The entity type for the Trustee can be a Company, Sole Trader or Individual.

To initiate the Change of Registrant (CoR) application. Login to our Client Portal, navigate to Domains >> My Domains >> from the right hand drop down menu, select Manage the domain. Then on the next page click Initiate CoR.

If you don't have a ABN/ACN associated with the trustee, you can supply the trust deed to our support team and we can process the registration with the deed as verification of the trustee.

My Discretionary Trading Trust ABN is cancelled

If the ABN associated with your registration is cancelled, unfortunately a manual CoR is required.

To process a manual CoR, you need to provide a document dated prior to the ABN/ACN being cancelled which shows why the domain name or business changed hands or was restructured.

This document could be:

• A copy of a sales agreement showing the business was sold or changed hands; or
• A signed letter on company letterhead stating that the domain name has changed hands or a merger took place; or
• Any valid document showing the domain name or business has changed hands or was restructured

If you have no historical documents, you can write a letter on your company letterhead and written confirmation of the agreement which took place.

To validate the letter, you need to complete a statutory declaration. Refer to the Victoria Government, Justice and Community Safety website for advice on completing a statutory declaration.

Once you have your document(s) prepared, please share them with our support desk to process the manual CoR.