Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 13

Change of name

13. Change of name



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

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



(3) An application under subsection (2) shall be in the form approved by the
Registrar and containing the prescribed particulars 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;



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   (c)  shall be accompanied by such verification of the application as is
        prescribed; and

   (d)  shall be accompanied by the prescribed fee.

(4) Where an application is made under this section, the Registrar shall not
approve a change of name of an incorporated association unless the proposed
new name is a name under which an association could be incorporated under this
Act.

(5) Where an application is made under this section and the Registrar approves
the change of name of an incorporated association, the Registrar shall issue a
new certificate of incorporation.

(5A) If the name of an incorporated association is a name under which it ought
not, by reason of section 12(1), to have been incorporated or to which by
reason of section 13(4), it ought not to have been changed, the Registrar may
by notice in writing given to the incorporated association direct it to change
its name.

(5B) A notice to an incorporated association under subsection (5A) has effect
as if it were a special resolution of the incorporated association.



(6) A change of name of an incorporated association pursuant to this Act does
not operate-

   (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 property, or the rights or obligations, of the
        incorporated association; or

   (d)  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 by its former name may be continued or commenced by or
against it by its new name.