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 Lessee, Mortgagee or Chargee

This page aims to help you complete an electronic Change of Name of Lessee, Mortgagee or Chargee dealing form in order to update the name of a registered lessee, mortgagee or chargee to their current legal name.

Typical reasons for needing this form are where the lessee’s, mortgagee’s or chargee’s name has been changed as a result of marriage or divorce or if the company name has changed with ASIC.

If a change of name is required for another purpose, use one of the following:

NOTE: A change of name affecting the lessee of a Crown land tenure term lease or Crown land Real Property Act lease must be lodged using the Dealing with Exception.

NOTE: The registered interest holder must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their client’s identity
  2. establish their client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording a change of Change of Name of Lessee, Mortgagee or Chargee.

Priority Notice Noted on the Register – see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Change of Name of Lessee, Mortgagee or Chargee.

Land Titles

Enter the land title reference(s) for the land affected by the lease, mortgage or charge.

Participant Details

Select the name of the interest holder to be changed.

Name of Interest Holder (Party Details – Party Name)

Enter the new name of the lessee, mortgagee or chargee. The ACN or ARBN of a company must be stated.

Justification for the Change of Name

Select the appropriate reason from the list. The list, together with the evidence required to support each reason, can be found at:

https://rg-guidelines.nswlrs.com.au/e-dealings/elodgment/elodgment_requirements/justification_for_a_name_discrepancy.

Where a correction of a name is required:

  • for an individual, the justification reason ‘change of name’ should be selected
  • for a company, the justification reason ‘incorporated name change’ should be selected
  • the evidence date is the lodgment date or other if applicable and
  • the evidence document ID is N/A.

Documents

Create Document - Select Other Documents.

Select Change of Name of Lessee, Mortgagee or Chargee.

Dealing on Title

Select the interest affected, being a lease, mortgage or charge.

Dealing Number

Select the dealing number of the affected lease, mortgage or charge.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Change of Name of Lessee, Mortgagee or Chargee dealing form may include the types of evidence set out in the following link:

https://rg-guidelines.nswlrs.com.au/e-dealings/elodgment/elodgment_requirements/justification_for_a_name_discrepancy

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

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