Building Societies
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
The Corporations Law was amended on 1.7.1999 to automatically register all building societies as companies under the regulation of the Australian Securities and Investment Commission (ASIC). The addition of the word 'Limited' or 'Proprietary Limited' to their name has been effected by legislation. A building society may deal with land or a Water Access Licence in the same manner as a company.
A Change of Name form 10CN (Real Property Act land) or a Change of Name form W-10CN (Water Access Licence) is only required where the building society requires the change of name to be recorded on the title. A discrepancy in name as regards the words 'Limited' or 'Proprietary Limited' will be disregarded.
A dealing or document involving a building society must be executed in the same manner as for a company.
As from 1.7.2000 the ACN must be stated and appear in the company seal.
Co-operative Housing Societies
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
Co-operative housing societies are regulated by the Department of Fair Trading under the Co-operative and Starr-Bowkett Societies Act 1998. A co-operative housing society must include the words 'co-operative housing society' or the abbreviation 'co-op housing society' within its name. A co-operative housing society may deal with land or a Water Access Licence in the usual manner.
A dealing or document involving a co-operative housing society must be executed under the seal of the society. The capacity of the person attesting the affixing of the seal must be stated.
An ACN or ARBN is not required for a co-operative housing society.
See dealings or documents involving a Starr-Bowkett Society section below.
Co-operatives
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
Co-operatives are regulated by the Department of Fair Trading under the Co-Operatives (Adoption of National Law) Act 2012. A co-operative, not including co-operative housing societies and Starr-Bowkett Societies, must include the word 'Co-operative' or the abbreviation 'Co-op' within its name and have the word 'Limited' or the abbreviation 'Ltd' at the end of the name. Co-operatives may deal with land or a Water Access Licence in the same manner as a company.
A dealing or document by a co-operative must be executed in one of the following ways:
- pursuant to section 49(1) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 under common seal and witnessed by 2 directors or
- pursuant to section 49(1) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 under common seal and witnessed by a director and the secretary of the co-operative or
- pursuant to section 49(2) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 without common seal signed by 2 directors or
- pursuant to section 49(2) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 without common seal signed by a director and the secretary of the co-operative.
Section 49 of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012 does not limit the ways in which a co-operative may execute a document, see section 49(4) of the Appendix to the Co-Operatives (Adoption of National Law) Act 2012.
If doubt exists regarding the authority to execute, the document must be referred to Legal Services through the Senior Examining Officer.
An ACN or ARBN is not required for a co-operative.
Credit Unions
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
The Corporations Law was amended on 1.7.1999 to automatically register all credit unions as companies under the regulation of the Australian Securities and Investment Commission (ASIC). The addition of the word 'Limited' or 'Proprietary Limited' to their name has been effected by legislation. A credit union may deal with land or a Water Access Licence in the same manner as a company.
A Change of Name form 10CN (Real Property Act land) or a Change of Name form W-10CN (Water Access Licence) is only required where the credit union requires the change of name to be recorded on the title. A discrepancy in name as regards the words 'Limited' or 'Proprietary Limited' will be disregarded.
A dealing or document involving a credit union must be executed in the same manner as for a company.
As from 1.7.2000 the ACN must be stated on a dealing or document following the first recital of the credit union's name and appear in the credit union's seal.
Friendly Societies
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
The Corporations Law was amended on 1.7.1999 to automatically register all friendly societies as companies under the regulation of the Australian Securities and Investment Commission (ASIC). The addition of the word 'Limited' or 'Proprietary Limited' to their name has been effected by legislation. A discrepancy in name as regards the words 'Limited' or 'Proprietary Limited' may be disregarded. A friendly society may deal with land or a Water Access Licence in the same manner as a company.
A Change of Name form 10CN (Real Property Act land) or a Change of Name form W-10CN (Water Access Licence) is only required where the friendly society requires the change of name to be recorded on the title. A discrepancy in name as regards the words 'Limited' or 'Proprietary Limited' will be disregarded.
A dealing or document involving a friendly society must be executed in the same manner as for a company.
As from 1.7.2000 the ACN must be stated on a dealing or document following the first recital of the friendly society's name and appear in the friendly society's seal.
Where an estate or interest held by an friendly society is registered in the name of trustees on the Real Property Act Register, a Record New Registered Proprietor form 04RP must be lodged pursuant to s46C Real Property Act 1900 to vest the estate or interest in the name of the friendly society before dealing with the estate or interest.
Incorporated Associations
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
Incorporated associations are regulated by the Department of Fair Trading under the Associations Incorporation Act 2009. Incorporated associations must have the word 'Incorporated' or the abbreviation 'Inc.' at the end of the name. An incorporated association may deal with land or a Water Access Licence in the usual manner.
See Execution of dealing forms: Incorporated associations.
Where an estate or interest held by an incorporated association is registered in the name of trustees on the Real Property Act Register, a Record New Registered Proprietor form 04RP must be lodged pursuant to s46C Real Property Act 1900 to vest the estate or interest in the name of the incorporated association before dealing with the estate or interest.
'Trust/superannuation funds' must have incorporated association status to be recorded on title. For example, 'ABC Inc. Superannuation Fund' cannot deal with land or a Water Access Licence as if it were a incorporated association, whereas 'ABC Superannuation Fund Inc.' can.
Note
- dealings or documents by associations that have not been incorporated must be drawn in the names of the appointed trustees and be executed by them accordingly and
- 'The Scout Association of Australia, New South Wales Branch', and 'Guides Australia, New South Wales' are treated in the same manner as companies.
Starr-Bowkett Societies
The following applies to Torrens Title land, Water Access Licences and the General Register of Deeds.
Starr-Bowkett Societies are regulated by the Department of Fair Trading under the Co-operative and Starr-Bowkett Societies Act 1998. A Starr-Bowkett Society must include the word 'Starr-Bowkett' within its name and have the word 'Limited' or the abbreviation 'Ltd' at the end of the name. Starr-Bowkett Societies may deal with land or a Water Access Licence in the same manner as a company.
A dealing or document involving a Starr-Bowkett Society must be executed in the same manner as for a company.
The ACN is not required for a Starr-Bowkett Society.
Also see dealings or documents affecting a Co-operative Housing Society section above.