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 discrepancy exists between the name of the registered proprietor of an estate or interest as shown on the Register and the name as stated on an incoming dealing and that proprietor will be removed from the title on registration of the dealing, the evidence specified below must be lodged with the dealing.

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
  • an office copy of the Certificate of Registration of Change of Name issued in accordance with the Corporations Act 2001 (or where the corporation is registered outside New South Wales, the equivalent under the appropriate legislation in that jurisdiction).

No evidence as to the identity of the registered proprietor whose name has changed is required.

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.