However, the security registration should be updated by a new filing reflecting the different name. One way would be to file notice of a change of name. Given the uncertainty as to when the Debtor goes by Black, and when he goes by Brown, the better route is to file under both names. A person's legal name was the name the person was known by, determined merely as a question of common usage within the community. Although occasionally private Acts were used to formally establish changes of name, the most common pattern was for the name change to be effected by adoption, use and recognition in the community.
Legislation now governs legal name changes.
However, the courts have held that the use of a name different from one's legal name is still not illegal, so long as there is no intention to defraud or mislead. The Privy Council considered the effect of signing a deed using a name different from one's legal name in Fung Ping Shan v. Their Lordships held that although the defendant had signed his uncle's name to the conveyance document when he had no authority to do so, the vendor thought it was dealing with the defendant rather than his uncle, and the defendant was therefore liable under the deed of conveyance. In summary, at common law one was entitled to use a name by which one was commonly known in the community. If one used a different name to sign a legal document, one would still be bound under that document.