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 

This page aims to help you complete an electronic Change of Name dealing form to update the name of the registered proprietor to their current name (including if the registered proprietor is a corporate entity).

Typical reasons for using this form include where the registered proprietor’s name has been changed as a result of marriage or divorce or if the company name has changed with ASIC.

This form can only be used to effect a change to the first schedule of a folio of the Register (i.e. the land owner’s name). The identity of the registered proprietors and the tenancy/shares of the registered proprietors cannot be altered using this dealing.

If a change of name is required for a dealing or recording on title, use one of the following:

NOTE: The registered proprietor 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

Legislation – section 12(1)(g) Real Property Act 1900.

Stamp Duty – not required.

Notice of Sale – required. There is no need to separately create a Notice of Sale form. The Notice of Sale form is automatically produced in the workspace and sent to NSW LRS when the instrument is lodged.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Change Name.

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 form.

Land Titles

Enter the land title reference(s).

Participant Details

Select the registered proprietor that is changing their name.

Party Details – Party Name

Enter the full new name of the registered proprietor. 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.

Document

Create Document - Select Other Documents.

Select Change of Name.

New Name of Registered Proprietor

Select the new name of the registered proprietor.

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 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

Other forms of evidence may be acceptable and 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