My firm used to outsource ASIC work and I am now finding that they have lodged name change 484’s but have forgotten to say the person was a member (they have lodged just to change officeholder name).
What is the best way to correct this as clearly the name change was a long time ago so do not want the client fined. Any ideas?
Lodge a 492 - should be ok to electronic sign and lodge as it is a 484 that is being corrected.
You can easily prepare this in CAS by clicking on the options button next to the lodged document, and choosing “prepare 492”
Keep the wording super simple for example I would write something like:
The name of member Jane Penny Smith should have also been updated on this form.
Please record member Jane Penny Smith as Jane Penny Doe
Please note that Jane Penny Smith and Jane Penny Doe are one and the same person as both the officeholder and member.
The last paragraph is optional, I include it so as to hopefully not have to provide a certified copy of their DL or Passport.
I hope this helps.
I don’t believe you can lodge a Form 492 to correct a notification that was omitted from a Form 484. The Form 492 can only be used to make a correction to a previous notification. Technically the change of name of the member was not notified. Hopefully ASIC will take a wide view of the earlier notification of change of name and will allow the Form 492 mentioned by Julie.
Alternatively, you can just lodge another Form 484 to change the member’s name with a current date. Not ideal, but if you want to avoid the late fee, that’s an option. Or you can lodge a Form 492 to correct the original form (whether it was a Form 201 or Form 484) that originally notified the member held the shares. This will update the current record of the members’ name from the beginning.
It’s not clear if the change was actually a legal name change or a correction to the member record that was lodged via a Form 484. This determines the best approach.
Hi Viola, I have had success with a 492 on this previously, which is why I suggested it.
I didn’t really expect it to work, but it was accepted and processed without any further corro.
Just thought I’d let you know as a FYI…
Thanks. Good to know.
Sometimes it depends who you get…