Corporations Act 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.6 - NAMES  

Division 2 - Changing a company's name  

SECTION 158   ASIC ' S POWER TO DIRECT COMPANY TO CHANGE ITS NAME  

158(1)  
ASIC may direct a company in writing to change its name within 2 months if:


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


(b) the company has breached a condition under subsection 147(3) on the availability of the name; or


(c) a consent given under subsection 147(4) to use or assume the name has been withdrawn; or


(d) the company has breached a condition on a consent given under subsection 147(4) ; or


(e) the company ceases to be permitted to use or assume the name (as referred to in paragraph 147(4)(b) ).

158(2)  
The company must comply with the direction within 2 months after being given it by doing everything necessary to change its name under section 157 .

158(2A)  


An offence based on subsection (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

158(3)  
If the company does not comply with subsection (2), ASIC may change the company ' s name to its ACN and any other words that section 148 requires, by altering the details of the company ' s registration to reflect the change.

158(4)  
A change of name under subsection (3) takes effect when ASIC alters the details of the company ' s registration.


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