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

[ CCH Note: S 158 heading will be amended by No 69 of 2020, s 3, Sch 1[468], by substituting " POWER " for " ASIC ' S POWER " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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(c) a consent given under subsection 147(4) to use or assume the name has been withdrawn; or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

[ CCH Note: S 158(1) will be amended by No 69 of 2020, s 3, Sch 1[469], by substituting " The Registrar may direct a company " for " ASIC may direct a company in writing " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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)

View history reference

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

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

View history note

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.

[ CCH Note: S 158(3) will be amended by No 69 of 2020, s 3, Sch 1[470], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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

[ CCH Note: S 158(4) will be amended by No 69 of 2020, s 3, Sch 1[470], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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