THE CORPORATIONS LAW

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES

PART 5B.3 - NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES

SECTION 601DJ   ASIC'S POWER TO DIRECT A REGISTERED NAME BE CHANGED  

601DJ(1)  [When duration may be given]  

ASIC may direct a registered Australian body or registered foreign company in writing to change the name under which the body or company is registered within 2 months if:

(a)  the name should not have been registered; or

(b)  the body or company has breached a condition under subsection (3) on the availability of the name; or

(c)  a consent given under subsection 601DC(4) to use or assume the name has been withdrawn; or

(d)  the body or company has breached a condition on a consent given under subsection 601DC(4); or

(e)  the body or company ceases to be permitted to use or assume the name (as referred to in paragraph 601DC(4)(b)).

601DJ(2)  [Everything necessary]  

The body or company must comply with the direction within 2 months after being given it by doing everything necessary to change its name for the purposes of this Law under section 601DH.

601DJ(3)  [ASIC may change]  

If the body or company does not comply with subsection (2), ASIC may change the body's or company's name to a name that includes its ARBN by altering the details of the body's or company's registration to reflect the change.

601DJ(4)  [Name change takes effect]  

For the purposes of this Law, a change of name under subsection (3) takes effect when ASIC alters the details of the body's or foreign company's registration.

Note:

ASIC must issue a new certificate reflecting the name change (see section 601CU).