Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

STRATA TITLES ACT 1985 - SECT 41

41 .         Change of name of strata company

        (1)         A strata company may by special resolution and with the approval of the Registrar of Titles resolve that the name of the scheme and, in consequence, the name of the strata company shall be changed.

        (2)         Where —

            (a)         a strata company has under subsection (1) resolved to change its name; and

            (b)         notice in the prescribed form of the change of name has been lodged in the Authority’s office; and

            (c)         the Registrar of Titles has recorded the change of name on the strata/survey-strata plan,

                the name of the strata company shall, notwithstanding any other provision of this Act, be the name so recorded.

        (3)         A change of name of a strata company under this section does not operate —

            (a)         to create a new legal entity; or

            (b)         to prejudice or affect the identity of the body corporate constituted by the strata company or its continuity as a body corporate; or

            (c)         to affect the property, or the rights or obligations, of the strata company; or

            (d)         to render defective any legal proceedings by or against the strata company,

                and any legal proceedings that could have been continued or commenced by or against the strata company by its former name may be continued or commenced by or against it by its new name.

        [Section 41 amended: No. 58 of 1995 s. 42 and 95; No. 60 of 2006 s. 160(7).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback