Special Resolution for Changing the Name of a Company

About Product

The Special Resolution for the Change in Name of a Company template is designed to assist companies with the formal process of changing their name with the Australian Securities and Investments Commission.

It ensures that all necessary steps are taken, and all legal requirements set by ASIC are met. The document outlines the reasons for the name change, the new proposed name, and records the decision made by the company's shareholders.

► $129.00 (inc GST) - OR provided under your unlimited membership (exc ASIC fee)

► The master document has been signed off by LY Legal and is congruent with Australian law.

General Information

Changing a company's name can arise from various reasons, such as rebranding, mergers, or other strategic business decisions. As per the ASIC requirements for changing a company's name, it's mandatory to pass a special resolution. This ensures that the decision has the backing of most of the company's shareholders.

Proper documentation of this resolution is crucial to avoid any legal complications down the line. This template not only provides a step-by-step guide for documenting the resolution but also ensures that the company remains compliant with all of ASIC's stipulations throughout the name change process.

Benefits

Adheres to ASIC regulations, ensuring the company remains in good standing.
Suitable for companies of all sizes and industries, making it a flexible solution.

Provides a clear record of the decision made by the company's shareholders, ensuring transparency.
Full technical and strategy support from LY Legal lawyers

Frequently Asked Legal Questions

Is this template compliant with ASIC regulations?

Yes, this template is designed to be fully compliant with the regulations set by the Australian Securities and Investments Commission.

What is the form which is required to be lodged with the Australian Securities and Investments Commission?

Once the special resolution is passed and documented, you'll need to submit the necessary forms to ASIC. Specifically, the "Form 205A - Notification of resolution for change of name" must be lodged for a name change.

What happens if the special resolution for the name change is not passed?

If the special resolution is not passed, the company cannot proceed with the name change. A special resolution requires a 75% majority vote from the shareholders to pass.

How long does this document take to assemble?

Depending on the complexity of the data, this document should take approximately 5-10 mins to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts.

Is this document a legal document?

All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Is the document easy to read?

All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

What lawyers sign off on the LYD documents?

All LYD documents are prepared and signed off by LY Legal from Melbourne, Sydney and Brisbane.

Are the LYD documents reviewed regularly?

All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.