New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 14

14 Change of name

(1) An incorporated association may by special resolution and with the approval of the Director-General change its name.

(1A) On receiving notice in relation to an association incorporated under a name that includes the word “police” or “sheriff” that consent to the carrying on of activities under that name has been revoked under section 204B of the Police Act 1990 or section 12 of the Sheriff Act 2005 , the Director-General may, by notice in writing given to the association, direct the association to change its name to a new name that does not include the word “police” or “sheriff”.

(1B) The notice given by the Director-General under subsection (1A):

(a) must specify a date by which an application for approval of a change of name must be made, and

(b) must state that the association’s incorporation will be cancelled if such an application is not made on or before that date.

(2) Where an incorporated association has passed a special resolution for the change of its name, the public officer of the association may make application to the Director-General for its approval to the change of name.

(3) An application under subsection (2) shall be in an approved form and:

(a) shall be made within the prescribed period after the date of the meeting of the incorporated association at which the special resolution was passed,

(b) shall be accompanied by such verification of the application as is prescribed, and

(c) shall be accompanied by the prescribed fee.

(4) Where an application is made under this section, the Director-General shall not approve a change of name of an incorporated association unless the proposed new name is a name under which an association may be incorporated in accordance with section 12.

(5) Where an application is made under this section and the Director-General approves the change of name of an incorporated association, the Director-General shall issue a certificate of incorporation in an approved form in respect of the incorporated association under its new name.

(6) Neither a change of name of an incorporated association pursuant to this Act nor the issue of a certificate of incorporation under subsection (5) in respect of the change operates:

(a) to create a new legal entity,

(b) to prejudice or affect the identity of the body corporate constituted by the incorporated association or its continuity as a body corporate,

(c) to affect the date of incorporation of the incorporated association,

(d) to affect the property, or the rights or obligations, of the incorporated association, or

(e) to render defective any legal proceedings by or against the incorporated association,

and any legal proceedings that might have been continued or commenced by or against the association in its former name may be continued or commenced by or against the association in its new name.