CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2B - BASIC FEATURES OF A COMPANY
History
Chapter 2B inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
PART 2B.6 - NAMES
History
Part 2B.6 inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
Division 2 - Changing a company's name
SECTION 158
ASIC'S POWER TO DIRECT COMPANY TO CHANGE ITS NAME
History
Heading amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
158(1)
(Direction to change name)
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147(4) to use or assume the name has been withdrawn; or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)).
History
S 158(1) amended by No 44 of 1999, Sch 3, Pt 2 (effective 17 June 1999).
S 158(1) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 158(1) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
158(2)
[Compliance]
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.
History
S 158(2) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
158(3)
[Non-compliance]
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.
History
S 158(3) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 158(3) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
158(4)
[Effect]
A change of name under subsection
(3) takes effect when ASIC alters the details of the company's registration.
History
S 158(4) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 158(4) inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).