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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 382
Change of name
382. (1) A company may, by special resolution and with the approval of the
Commission, change its name.
(2) The Commission shall not approve a change of name of a company under
subsection (1) unless the proposed new name is reserved in respect of the
company under section 375.
(3) If the name of a company is (whether through inadvertence or otherwise and
whether originally or by change of name) a name that is not available to the
company:
(a) the company may, by special resolution, change its name to a name that
is reserved in respect of that company under section 375; and
(b) if the Commission so directs, the company shall so change its name
within 6 weeks after the date of the direction or within such longer
period as the Commission allows, unless the Minister, by writing,
annuls the direction.
(4) A change of name by a company under this section does not:
(a) create a new legal entity;
(b) prejudice or affect the identity of the body corporate constituted by
the company or its continuity as a body corporate;
(c) affect the property, or the rights or obligations, of the company; or
(d) render defective any legal proceedings by or against the company; and
any legal proceedings that could have been continued or begun by or
against the company by its former name may be continued or begun by or
against it by its new name.
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