Published: 10 February 2020
Jurisdiction: WA
Additional Resources: Help Card
Overview
A Change of Name document is now available in WA. If a party on title or an Interest Holder has changed their name, they can now lodge this document to have their name updated on title.
The Change of Name document can be lodged either:
- Standalone, OR
- Together with a Mortgage, preceding it in lodgement order.
In WA, where a proprietor requires a name justification prior to the lodgement of a Mortgage, a WA 'Change of Name' document will need to be created and signed by a representative of the proprietor.
Please note that the proprietor's representative must complete the Change of Name document.
This means that the Mortgagee will need to invite to the Workspace, a representative of the proprietor. Upon creation of a Change of Name document, the Mortgage will reflect the updated name and both documents can be lodged together in the same lodgement case.
Holders of the following Interest Types can lodge a Change of Name to update their name on title:
- Carbon Covenant Benefit
- Carbon Right
- Caveat
- Charge
- Crown Lease
- Lease
- Mortgage
- Plantation Interest
- Profit-a-Prendre
- Sub Lease
The following optional attachments may be submitted for lodgement with a Change of Name document:
Steps
- Create a new Workspace with the following settings:
- Representative role:
- Standalone:
- Proprietor on Title–if representing the registered proprietor on title,
- Mortgagee on Title–if representing the registered mortgagee on title,
- Caveator on Title–if representing the registered caveator on title, or
- To Deal with an Interest–for all other roles that deal with interest, such as change of name of a Lessee or holder of a Plantation Interest, etc.
- Financial Settlement = No
- Review the Land Title:
- Review the On Title party names
- Check the other land title details returned from Land Registry.
- Select the party to justify:
Note: In a refinance/new mortgage, invite the Proprietor on Title into the Workspace and wait for them to represent the party.
- Navigate to the Participants screen.
- ClickEdit Party next to the party who is changing their name.
- For Representation, leave I represent this party
- In the Name field, enter their new name.
- In the Name On Title section, select a Justification reason.
- Complete these steps for each party who has changed their name.
Note: If the party is an organisation, then an ACN must be provided on the Party screen. Both the ACN and updated organisation name must match the ASIC Register.
- Save the changes.
- Create a Change of Name document:
Note: In a refinance/new mortgage, the Proprietor on Title must create the Change of Name document first.
- Navigate to Documents > Create Document > Change of Name.
- By default, the represented party’s details is pre-populated with the name you updated in Step 4.
- Add a correspondence address
- Click Save.
Notes:
- Only parties who are represented and have a name justification will be pre-populated here. Check that the pre-populated information is correct and that an address has been provided.
- If there are multiple parties with a name justification, then create a change of name document for each party within the same lodgement case.
- Edit the Lodgement Instructions
You will need to Edit the Lodgement Instructions to progress your status to Prepared.
- From the Actions column select Edit to edit the Lodgement Instructions. Review the information and click Save.
Note: If the Title is a Duplicate Certificate of Title, ensure you enter the Duplicate Holding Details and select the appropriate Issuing Details for the new Certificate of Title.
You can now view and sign the caveat.
- Before you Sign, it is important to view the rendered document to confirm details. From the Actions column select View to view the Lodgement Instructions and Change of Name.
- From the Actions column select Sign to sign the Lodgement Instructions and Change of Name.
- Once signed, select Submit for Lodgement from the Actions column.
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