On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Change of name of a proprietor being removed by a dealing lodged

Where a dealing is lodged and:

  • a discrepancy exists between the name of the registered proprietor of an estate or interest as shown on the Register and  
  • the name stated on an incoming dealing and
  • that proprietor will be removed from the Register on registration of the dealing,

the following evidence must be provided to the Subscriber:

  • Where the registered proprietor is an individual, a statutory declaration explaining the discrepancy.
  • Where the registered proprietor is a corporation:
    • a statutory declaration explaining the discrepancy, or
    • a copy of the Certificate of Registration of Change of Name in accordance with the Corporations Act 2001  or other appropriate evidence of the change of name

This evidence is not required to be uploaded or presented to NSW LRS. However, the evidence must be retained by the Subscriber to support the dealing in accordance with the NSW Participation Rules.

NSW legislation can be accessed at www.legislation.nsw.gov.au/.

Staff processing information

  • a search of the Australian Securities and Investment Commission (ASIC) website www.asic.gov.au may be made in lieu of requisitioning for evidence of the change of name of a registered company. Marginally note the dealing as to the action taken. 
  • where a Change of Name form 10CN is lodged with the dealing it will be treated as evidence.
Publication Date: March 2024