New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 259

259 Change of name of co-operative

(cf Vic Act s 255)

(1) A co-operative may by special resolution change its name to a name approved by the Registrar. A change of name must be advertised as prescribed.

(2) A change of name does not take effect until:

(a) the Registrar has noted the change on the certificate of incorporation of the co-operative, or

(b) the certificate of incorporation is surrendered to the Registrar and a replacement certificate of incorporation is issued in the new name.

(3) A change of name by a co-operative does not affect:

(a) the identity of the co-operative, or

(b) the exercise of any rights, or the enforcement of any obligations, by or against the co-operative or any person, or

(c) the continuation of any legal proceedings by or against the co-operative.

(4) Any legal proceedings that might have been continued or commenced by or against the co-operative in its former name may be continued or commenced by or against the co-operative in its new name.

(5) The Registrar may refuse to approve a change of name if the Registrar thinks the new name is undesirable.

(6) The Registrar may direct a co-operative to change its name if the Registrar is of the opinion that the name is such as is likely to be confused with the name of a body corporate or a registered business name.