Legal entity change

Your RTO’s registration is not transferable to another organisation. The NSW Vocational Education and Training Act 2005 has no provision for one legal entity to transfer its registration to another legal entity.

If your RTO wants to establish a new legal entity and wants that new legal entity to operate as an RTO, the new legal entity must make its own application to VETAB to become an RTO. This will incur an audit and payment of fees.

Streamlined processing

This process is applicable when an RTO intends to change its legal entity only and all other aspects of the registration remains unchanged including the scope of registration.  The RTO may seek approval from VETAB for streamlined processing of its legal entity change.  Upon approval from VETAB, the new entity is required to lodge an initial application by using the VETAB Online Services - plus payment of a fee to VETAB.

In compliance with Australian Quality Training Framework Essential Standards for Registration, the new entity is required to submit a copy of each of the following documents in the name of the new entity:

• public liability insurance certificate
• change of Chief Executive Officer declaration
• conditions of registration declaration
• ASIC company details
• NSW Office of Fair Trading business name registration certificate (if applicable).

If the new entity is also applying for CRICOS approval, in addition to the above documentation, a copy of each of the following documents in the name of the new entity is also required:

• trainer contracts
• lease of premises
• partnership agreements (if applicable)

Upon the successful registration of the new entity, the expiry date of registration of the new entity remains the same as the old entity.

The old entity will then be required to cancel its registration by completing the Request to Cancel Registration form signed by the CEO.