Corporations Act 2001

CHAPTER 2B - BASIC FEATURES OF A COMPANY  

PART 2B.6 - NAMES  

Division 2 - Changing a company's name  

SECTION 157A   CHANGE OF NAME OF COMPANY UNDER EXTERNAL ADMINISTRATION  

Application by liquidator

157A(1)    
The liquidator of a company that is being wound up may lodge an application with ASIC to change the name of the company if the liquidator is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

157A(2)    
Subsection (1) does not apply to a members ' voluntary winding up.

Application by administrator

157A(3)    
The administrator of a company under administration may lodge an application with ASIC to change the name of the company if the administrator is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

Application by deed administrator

157A(4)    
The administrator of a deed of company arrangement may lodge an application with ASIC to change the name of the company if the administrator is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

Application by restructuring practitioner

157A(4A)    

The restructuring practitioner for a company under restructuring may lodge an application with ASIC to change the name of the company if the restructuring practitioner is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

Application by restructuring practitioner for a restructuring plan

157A(4B)    

The restructuring practitioner for a restructuring plan for a company may lodge an application with ASIC to change the name of the company if the restructuring practitioner is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

Application by managing controller

157A(5)    
If:

(a)    a person is the managing controller of property of a company; and

(b)    

the person is entitled to enforce a security interest in the whole, or substantially the whole, of the company ' s property;

the person may lodge an application with ASIC to change the name of the company if the person is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

Application by receiver

157A(6)    
If:

(a)    a person is a receiver of property of a company; and

(b)    the property subject to the receivership consists of, or includes, goodwill in relation to the name of the company;

the person may lodge an application with ASIC to change the name of the company if the person is satisfied that the proposed change of name is in the interests of the creditors of the company as a whole.

Change of name

157A(7)    
If:

(a)    an application is lodged under subsection (1) , (3) , (4) , (5) or (6) ; and

(b)    the proposed name is available;

ASIC must change the company ' s name by altering the details of the company ' s registration to reflect the change. The change of name takes effect when ASIC alters the details of the company ' s registration.

Note: For available names, see section 147 .