9As to names of societies

9 As to names of societies

S. 9(1) amended by Nos 6455 s. 2(Sch. 1 Pt 3(e)), 6839 s. 4(Sch. 1 Pt 3(e)), 119/1986 s. 142(Sch. 2 item 3) (as amended by No. 36/1990 s. 23(c)), 48/1992 s. 95(b), substituted by No. 37/1999 s. 58(Sch. 2 Pt 1 item 3), amended by No. 44/2001 s. 3(Sch. item 19.3).

(1) A society may not be registered by a name identical with that by which a society is already registered, or so nearly resembling that name or the name of any body corporate registered under the Corporations Act as in the opinion of the Registrar is calculated to deceive.

S. 9(2) amended by Nos 37/1999 s. 58(Sch. 2 Pt 1 item 4), 44/2001 s. 3(Sch. item 19.3).

(2) If a society through inadvertence or otherwise is registered by a name identical with that by which a society is already registered, or so nearly resembling that name or the name of any body corporate registered under the Corporations Act as in the opinion of the registrar to be calculated to deceive, the society shall, if the registrar so directs, change its name.

S. 9(3) substituted by No. 37/1999 s. 58(Sch. 2 Pt 1 item 5), amended by No. 44/2001 s. 3(Sch. item 19.3).

(3) A society may change its name by special resolution if the new name is not identical with that of any society previously registered and still subsisting or so nearly resembling that name or the name of any body corporate registered under the Corporations Act as in the opinion of the Registrar is calculated to deceive unless the society or body corporate is in course of being wound up and consents in writing to the registration.

(4) Notice in writing of any change of name, together with the certificate of incorporation, shall be sent to the registrar within such time after the passing of the special resolution as is prescribed.

(5) The registrar shall register the change of name, and shall either note the change on the certificate of incorporation or issue a new certificate of incorporation in lieu thereof in the prescribed form.

(6) The change of name shall be advertised as prescribed.

(7) The change of name shall not affect the identity of the society or any right or obligation of the society or of any member or other person, or render defective any legal proceedings by or against the society.

(8) Any legal proceedings that might have been continued or commenced against the society by its former name may be continued or commenced against it by its new name.

No. 6138 s. 10.