Corporations Act 2001
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.
[ CCH Note: S 157A(1) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 157A(3) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 157A(4) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 157A(4A) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
View history note
Hide history noteApplication 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.
[ CCH Note: S 157A(4B) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 157A(5) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 157A(6) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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 .
[ CCH Note: S 157A(7) will be amended by No 69 of 2020, s 3, Sch 1[467], by substituting " the Registrar " for " ASIC " (wherever occurring) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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