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

Form 10CN

Dealing type - CN

Stamp duty - not required.

NOS form - required for a change of name:

  • in the First Schedule
  • of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act lease.

Panels 1, 2 and 5 require completion.

Not required for a time-share title, minerals or coal.

Standard form of Caveat - does not prevent registration.

Priority Notice noted on the Register - see Priority Notice page.

NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.

A Change of Name form must be lodged where the registered proprietor of an estate or interest has changed their name and the new name is required to be recorded on the title.

For information on a dealing lodged involving a change of name of a proprietor see:

A change of name of more than one lease, mortgage or charge involving the same mortgagor on the one form  is a multiple instrument. See Fees page.

NOTE: The Change of Name form must be supported by evidence of the registered proprietor or registered interest holder’s name change (e.g. identity documentation). 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.

(A) The reference to title for the land affected by the change of name must be stated.

(B) The registered number of the lease, mortgage, charge or covenant charge affected by the change of name must be stated. The reference to title for the land affected by the change of name must be stated.

(D) The full name of the registered proprietor whose name is to be changed must be stated and be identical to the name as shown on the Register. The ACN or ARBN of a company etc must be stated.

(E) The full new name of the registered proprietor must be stated. The registered proprietors or tenancy/shares cannot be altered. The ACN or ARBN of a company etc must be stated.

(F) The term that does not apply must be deleted and verified.

(G) The full name of the applicant must be stated. The applicant must be the registered proprietor, the registered proprietor's attorney or solicitor, or an authorised officer in the case of a company.

Item 1

Must be altered in the case of a company to indicate that the current company is identical to the company as shown on the Register.

Item 2

Must be completed where the change of name is the result of marriage.

Item 3

Must be completed where the change of name is based on an event other than marriage.

Where a company etc has changed its name an office copy of the Certificate of Registration of Change of Name in accordance with the Corporations Act 2001 (Cth) or other appropriate legislation must be retained.

Statutory declaration

The statutory declaration must be made by the registered proprietor, the registered proprietor's attorney, solicitor or barrister, an authorised officer (the nature of the authority must be disclosed), an officer of the company, or a person capable of making the declaration (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act inserted and the alteration verified.

(H) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [1.740].

Staff processing information

If in order proceed with registration except for the following.

Refer to SM98

  • Where the Change of Name affects a mortgage or charge and there are notifications recorded under  the mortgage or charge that changed the ownership of the mortgage/charge or changed the name of the mortgagee/chargee.
  • Where the Change of name affects a lease or sub-lease.

 

Corporation card maintenance

Upon registration of a change of name of a company, association etc, and if not previously filed:

  • add a new record in ITS through the corporate card maintenance menu as follows:

 

[new name of company and ACN]
[old name of company and ACN].
Evidence dealing No.
Evidence date

Registration procedure

Affecting the First Schedule

CODE (name)  P, C or Q [name of applicant; include all current registered proprietors]

TENANCY  S, J2 etc, T etc.

Affecting a lease 

TRANSACTION  MOD

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease

SELECT  ‘Names’

CODE (name)     P, C or Q [name of all current lessees]

COPY & DELETE  (SEE [number of Change of name])

SELECT ‘Lease Terms’

PREMISES DESCRIPTION    (See [dealing numbers of previous notifications that changed lessee] [number of change of name]). [Premises description if any]

Note: Remove all previous dealings that changed lessee and add dealing numbers to the list of dealings in premises description, e.g. (See AA123456 AB456789 AC789123)

 

Change of name of crown lease

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease 

SUB CODE

UCLCN (Crown land lease - for NOS purposes)

UWLCN (Western lands lease- for NOS purposes)

CODE (name)    P, C or Q  [name of lessee ; include all current lessees ].

 

Affecting a sub-lease 

TRANSACTION MOD

PRIME CODE    code of lease affected by the sub-lease as shown on the Register

PRIME NO.     number of lease 

SUB CODE code of sub-lease

SUB CODE NO. number of sub-lease

SELECT  ‘Names’

CODE (name)     P, C or Q [name of all current sub-lessees]

COPY & DELETE  (SEE [number of Change of name])

SELECT ‘Lease Terms’

PREMISES DESCRIPTION    (See [dealing numbers of previous notifications that changed sub-lessee] [number of change of name]). [Premises description if any]

Note: Remove all previous dealings that changed sub-lessee and add dealing numbers to the list of dealings in premises description, e.g. (See AA123456 AB456789 AC789123)

Affecting a mortgage

RP DETAILS  click Cancel

TRANSACTION MOD

PRIME CODE  code of mortgage as shown on the Register

PRIME NO.  number of mortgage

NEW PRIME CODE  M (where no mortgagee code exists)

MC etc (where a mortgagee code exists in ITS)

CODE (name)  P, C or Q where Prime Code M is selected  [name of all current mortgagees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Change of Name]).

Affecting a charge

RP DETAILS click Cancel

TRANSACTION MOD

PRIME CODE code of charge as shown on the Register

PRIME NO. number of charge

CODE (name)     P, C or Q  [name of all current chargees].

DETAILS  (See [dealing numbers of previous notifications that changed chargee] [number of Change of Name]).