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 party remaining on title

Where a dealing is lodged and:

  • the registered proprietor of the land wishes to change his/her/its name, or
  • a discrepancy exists between the name of the registered proprietor of the land as shown on the Register and the name as stated on an incoming dealing and
  • that registered proprietor will remain on title after registration of the dealing.

a Change of Name form 10CN must be lodged with the dealing in the following instances:

  • where the dealing affects the first schedule (e.g. a transfer of a share)
  • where dealing affects the second schedule (e.g. a mortgage where the name of one of the mortgagors/registered proprietors is to be altered).

Supporting evidence

Supporting evidence as set out below must be furnished.

Individual

The statutory declaration or Change of Name must be accompanied by evidence as to the identity of the individual whose name is to be changed.

Identification required

The Conveyancing Rules standardised formal verification of identity and authority (right to deal) requirements.

Original or certified copies of documents produced must be current, except for an expired Australian Passport which has not been cancelled and was current within the preceding 2 years.  Any doubts see Supervisor / Team Leader.

The minimum documentation required must meet all the requirements in one of the Categories below: 

Category

Minimum Document Requirements

 

 For Persons who are Australian citizens or residents:     

1

Australian Passport or foreign passport

plus Australian drivers licence or Photo Card

plus change of name or marriage certificate if necessary 

2

Australian Passport or foreign passport

plus full birth certificate or citizenship certificate or descent certificate

plus Medicare or Centrelink or Department of Veterans’ Affairs card

plus change of name or marriage certificate if necessary
 3

 Australian drivers licence or Photo Card

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary
4

 (a) Australian Passport or foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Australian Passport or foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary
 5

 (a) Identifier Declaration

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 (b) Identifier Declaration by a Person specified in Verification of Identity

 Standard paragraph 4.4(e)*

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 

Note: Refer to Verification of Identity Standard paragraph 4* 
   For Persons who are not Australian citizens or residents:
 6

 (a) Foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary. 

*Paragraph 4.4(e) Schedule 8 of the NSW Participation Rules on the Office of the Registrar General's website.

Note 

  • If categories 1 to 4 cannot be met, Category 5(a) may be used (see Identifier Declaration below).
  • A document containing text in a foreign language must be accompanied by an English translation. The translation must be signed on each page by the interpreter and be identified as an accurate translation of the document.
  • A ceremonial marriage certificate is not acceptable as supportive evidence.

A copy which is certified in NSW must be certified by one of the following:

  • a justice of the peace
  • a notary public
  • a commissioner of the court for taking affidavits
  • a solicitor authorised by subsection (1) of section 27, Oaths Act 1900 to take and receive any affidavit
  • another person by law authorised to administer an oath.

Identifier Declaration

An Identifier Declaration certifies the identity of the person being referenced. The identity of the declarant must be supported by original or certified copies of documentation that meets all of the requirements in one of the categories numbered 1 to 4 in the table above.

The Identifier Declaration is in the form of a Statutory Declaration detailing the following:

  • the Identity Declarant’s name and address and
  • the Identity Declarant’s occupation and 
  • the nature of the Identity Declarant’s relationship with the Person Being Identified and  
  • that the Identity Declarant is not a relative of the Person Being Identified and 
  • that the Identity Declarant is not a party to the Conveyancing Transaction(s) the Person Being Identified has or is entering into and 
  • that the Identity Declarant has known the Person Being Identified and 
  • that to the Identity Declarant’s knowledge, information and belief the Person Being Identified is who they purport to be.

If category 5(a) cannot be met, Category 5(b) may be used and -

The Identifier Declaration must be made by a person who is an Australian Legal Practitioner, a Bank Manager, Community Leader, Court Officer, Doctor, Land Council Officeholder, Licenced Conveyancer, Local Government Officeholder, Nurse, Public Servant or Police Officer.

Company

An office copy of the Certificate of Registration of Change of Name, issued in accordance with the Corporations Act 2001 or, where the company is registered outside New South Wales, the equivalent legislation in that jurisdiction, must accompany the statutory declaration or Change of Name.

The evidence lodged will be filmed with the dealing. 

Staff processing information

  • where a Change of Name form 10CN is not required but is lodged with the dealing it will be treated as evidence
  • 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.
  • a discrepancy in the name of a Local Council as regards 'City', 'Shire' or 'Municipality' will be ignored. The name of the Local Council will not be changed until a Change of Name form 10CN is lodged.