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3. Changing the association's name

Sometimes associations decide that they need to change the name of the association. Perhaps the name no longer reflects the nature of the group or there is a desire to change direction and marketing.

This decision should not be taken lightly, as it can have long-term effects on public perceptions. For some members, a name change is insignificant and may merely reflect a change in the way the association has moved. It may be considered a strategic, business or public relations decision. However, for an association with a long history, the name is part of that history. Some members may no longer feel that the association has a connection with them if the name is changed.

3.1 Requirements for changing the name

  1. The association should check to see that the name is available and if any other organisation is using a similar name to the new proposal. The new name could be rejected if it is the same or very similar to another name. Commerce holds a register of names and can conduct a name search. The association should complete the Form 8 'Inquiry - as to Availability of Association Name'.
  2. It is also recommended that you contact Commerce's Associations Branch on 1300 30 40 74 to have an officer search the trademarks and business names registry to ensure that the new name will not confuse or mislead the public by being the same as, or similar to, the owner of another trademark or business name. The Commissioner will only approve a name change if he or she is of the opinion that the name is appropriate.
  3. To change the name of the association will require a special resolution by the members passed at a general meeting. An association's name actually forms part of its rules, so a change of name effectively requires a change of rules. The procedure is the same as that discussed above.
  4. Within one month of passing the special resolution, the association must lodge the notice of the special resolution with the Commissioner. Once again, Form 5 can be used for this purpose. The notice must set out:
    1. the particulars of the alteration (name change); and
    2. a certificate given by a member of the committee certifying that the resolution was passed as a special resolution and that this alteration to the rules conforms to the requirements of the Act.
  5. Legally, the association has not formally altered its rules and changed its name until the notice of the special resolution is lodged with the Commissioner and he or she approves the name change. The Commissioner may instruct the association to publish a notice of the proposed name change before approving the change.

    Until the name is approved by the Commissioner in writing, DO NOT:

    • use the new name;
    • go ahead with new signage, letterheads, business cards, etc;
    • change bank account, insurance policy details;
    • notify the tax office (do you need a new ABN? - check);
    • notify essential services;
    • notify creditors; or
    • notify members, clients, customers, etc.

  6. The Commissioner will issue a new certificate to show the new name and date of registration.
  7. Once approval from the Commissioner for the change of name has been received, the rules of the association must be amended with the new name replacing every reference to the old name. There is no requirement for a formal amendment of the rules to do this, as the process of the name change itself being passed by special resolution, and then approved by the Commissioner, means that the public record of the rules has already been amended. Stationery, etc can now be changed and people notified of the new name.
  8. For a period of time, the association may choose to include the old name on all correspondence ("formerly XYZ Inc") until people become familiar with the new name.

3.2 What happens if the name change is not approved?

The Commissioner will not approve a name, unless he or she is of the opinion that the proposed name is an appropriate name under which an association might be incorporated under the Act.

If the Commissioner refuses to approve the change of name, the association may request a review of the decision by applying to the SAT. If seeking a review, you will need to give sound reasons why you want to change the name of your association.

The association must make the review application within 28 days of receiving notice of the refusal.