Changing the association's name
To change the name of the association requires a special resolution to be passed by the members at a general meeting. The procedure is the same as that previously discussed in this chapter. Once the new name is approved, the Commissioner will issue a new certificate to show the change of name and date of registration.
Legally, the association has not formally changed its name until the notice of the special resolution is approved by the Commissioner. So until the name is approved by the Commissioner in writing, do not:
- use the new name;
- arrange for the printing of new signage, letterheads, business cards, etc.;
- change bank account and/or insurance policy details;
- notify the tax office;
- notify essential services;
- notify creditors; or
- notify members, clients, customers, etc.
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.
What happens if the name change is not approved?
The Commissioner may reject a proposed change of name if it is:
- already in use;
- offensive or undesirable;
- likely to mislead the public; or
- likely to be confused with the name of an existing body corporate or registered business name.
If the Commissioner refuses to approve the change of name the association may request a review of the decision by applying to the SAT. The association must make the review application within 28 days of receiving notice of the refusal.