Change to legal entity type, ownership, and mergers

Legal entity type means your legal business structure. Types of legal entity include a private company, sole trader or partnership.

Providers cannot transfer their registration from one legal entity type to another.

This means if your provider changes legal entity type and the ABN or ACN changes, the registration cannot be transferred.

Notifying ASQA of these changes

The new legal entity needs to submit an Application for initial registration for the RTO.

You need to tell us about changes to your company shareholders as soon as possible. 

RTOs have a maximum of 90 calendar days to tell us about this change.

Providers registered on CRICOS need to tell us about this change before it takes effect.

You need to notify us if 15 per cent or more of the shareholding of your company changes.

When shareholding of a company changes (as shares are sold or transferred) and the ABN and ACN of the RTO does not change, you can continue to deliver training.

We apply more scrutiny where changes to company shareholding are significant (50 per cent or more). Learn more in the guide to change of ownership.

Notifying ASQA of these changes

Complete a ‘Notification of material change or event’ form in asqanet.

Select the ‘Change in ownership and/or control’ option in the form.

You need to tell us about changes to your company shareholders as soon as possible.

RTOs have a maximum of 90 calendar days to tell us about this change.

Providers registered on CRICOS need to tell us about this change before it takes effect.

When a provider sells or transfers all its assets to another person or organisation, this results in a change to the Australian Company Name (ACN), Australian Business Name (ABN) or legal entity type.

Providers cannot transfer their registration from one legal entity to another.

If the new owner is not an RTO, they need to submit an Application for initial registration for the RTO and have their registration approved before training starts.

If the new owner is an RTO, they need to:

• ensure all training products they will deliver are on their scope of registration (and if not apply to change RTO scope or CRICOS registration).
• ensure all delivery locations they intend to deliver at are:
  • listed on their RTO registration. Learn more about keeping delivery locations updated
  • listed on their CRICOS registration (and if not apply to change CRICOS registration) 

The RTO selling or transferring its assets needs to withdraw their registration, by submitting an Application to withdraw RTO and/or CRICOS registration in asqanet.

Notifying ASQA of these changes

Complete a ‘Notification of material change or event’ form in asqanet.

Select the ‘Change to legal entity which has registration’ option in the form.

You need to tell us about a change of ownership as soon as possible.

RTOs have a maximum of 90 calendar days to tell us about this change.

Providers registered on CRICOS need to tell us about this change before it takes effect.

When an RTO sells or transfers all its assets or activities to a second RTO, specific actions are needed before the second RTO can use these assets in their operations:

• the continuing RTO, receiving additional items that are not already on their scope, needs to apply to change RTO scope or CRICOS registration.
• the RTO selling or transferring their assets needs to tell us about the merger and withdraw their registration, by submitting an ‘Application to withdraw RTO and/or CRICOS registration’ on asqanet.

Notifying ASQA of these changes

Complete a ‘Notification of material change or event’ form in asqanet.

Select the ‘Change in ownership and/or control’ in the form and complete the details. 

The RTO (that will no longer trade) needs to withdraw their registration. As part of this process, they will need to show they have arranged the completion or transfer of current students. Read more about requirements after withdrawing registration.

You need to notify us about a sale or transfer of assets from one RTO to another as soon as possible. 

Providers registered on CRICOS need to tell us about this change before it takes effect. 

When two existing RTOs merge to form a new legal entity (with a different ABN to the existing RTOs), their RTO or CRICOS registration cannot transfer to the new legal entity.

Notifying ASQA of these changes

Complete a ‘Notification of material change or event’ form in asqanet.

Select the ‘Change to legal entity which has a registration’ and provide details about the change. 

The new legal entity needs to submit an Application for initial registration for the RTO and have its registration approved before training starts.

The RTO (that will no longer trade) needs to withdraw their registration. As part of this process, they will need to show they have arranged the completion or transfer of current students. Read more about requirements after withdrawing registration.

You need to tell us about changes to a new legal entity as soon as possible.

RTOs have a maximum of 90 calendar days to tell us about the change.

Providers registered on CRICOS have a maximum of 10 business days to tell us about this change.