Business Names Act 1934 (NSW)
BUSINESS NAMES ACT.
Act No. 50, 1934.
An Act to provide for the registration of firms, individuals, and corporations carrying on business under business names, and as to the names, styles, titles, or designations under which businesses are carried on; to amend the Conveyancing Act, 1919-1932, and certain other Acts; to repeal the Regis tration of Firms Act, 1902 : and for purposes connected therewith. [Assented to, 27th December, 1934.]
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis Wales in Parliament assembled, and by the authority of the same, as follows :— PART T.
PRELIMINARY.
1 . ( 1 ) This Act may be cited as the " Business Names
Act, 1 9 3 4 . "
(4) .
( 2 ) This Act shall commence on a day to he
appointed by the Governor, and notified by proclamation
published in the Gazette.
( 3 ) This Act is divided into Parts , as follows:—
PART I.—PRELIMINARY—ss. 1 - 3 . PART II.—REGISTRATION OF FIRMS, INDIVIDUALS, AND
CORPORATIONS CARRYING ON BUSINESS UNDER
BUSINESS NAMES—ss. 4 - 2 0 .
PART I I I . — U S E OF CERTAIN WORDS IN THE N A M E S ,
ETC., OF FIRMS, ETC.—ss. 2 1 - 2 7 .
(4) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of this Act, and the applica tion of such provision to other persons or circumstances shall not be affected.
2. In this Act, unless the context or subject-matter otherwise requires,—
" Business " includes trade and profession.
" Business name " means the name, style, title, ordesignation under which any business is carried on whether in partnership or otherwise, and includes a firm-name registered under the Registration of Firms Act, 1902.
" Christian name " includes any forename.
" Firm " means an unincorporated body of two ormore individuals or one or more individuals and one or more corporations or two or more cor porations who or which have entered into partnership with one another.
" Individual " means a natural person and does not include a corporation.
" Initials " includes any recognised abbreviation of
a Christian name.
' ' Par t ' ' means Par t of this Act.
" Prescribed " moans prescribed by the regulations." Registrar-General " includes a Deputy Registrar-
General.
" Regulations " means regulations made under the Conveyancing Act, 1919-1932.
3. (1) The Registration of Firms Act, 1902, is hereby repealed.
(2) Such repeal shall not affect any regulation or order made or any registration effected or any liability incurred or any matter or thing clone under or by virtue of the said repealed Act before the commencement of this Act.
( 3 ) Where the firm-name of any firm or person was registered under the Registration of Firms Act, 1902, and no entry of abandonment of the use of such
firm-name
firm-name had, before the commencement of this Act, been made by the Registrar-General, such firm or person shall be deemed to be registered under this Act, and for the purposes and within the meaning thereof such firm- name shall be deemed to be the business name of such firm or person.
(4) The provisions of this section shall not affect any saving in the Interpretation Act of 1897.
PART I I .
REGISTRATION OF FIRMS, INDIVIDUALS, OR CORPORATIONS
CARRYING ON BUSINESS UNDER BUSINESS NAMES.
4 . Subject to the provisions of this Part—
(a) every firm having a place of business in New South Wales and carrying on business under a business name which does not consist of— (i) the surnames of all partners who are individuals (together with their Christian name or names or the initials thereof); and
(ii) the corporate names of all partners (if any) which are corporations—
without any addition;
(b)
every individual having a place of business in New South Wales and carrying on business under a business name which does not consist of his surname (together with his Christian
name or names or the initials thereof) without any addition;
(c) every corporation having a place of business in New South Wales and carrying on business under a business name which does not consist of its corporate name without any addition, shall, unless the firm-name of such firm, individual, or corporation was registered under the Registration of Firms Act, 1902, and no entry of abandonment of the use of such firm-name had, before the commencement of this Act, been made by the Registrar-General, be regis tered in the manner directed by this P a r t :
Provided
Provided that—
(i) where the addition merely indicates that the business is carried on in succession to a former owner of the business, that addition shall not of itself render registration necessary; and
(ii) where the business is carried on by an official receiver or a trustee in bankruptcy or a receiver, manager, or other person appointed by any court to carry on the business, registration shall not be necessary; and
(iii) a purchase or acquisition of property by two or more persons as joint tenants or tenants in common is not of itself to be deemed carrying on a business whether or not the owners share any profits arising from the sale thereof.
5 . Where a firm, individual, or corporation having a place of business within New South Wales carries on business wholly or mainly as attorney, nominee, or trustee of or for another firm, individual, or corporation, or acts as general agent for any foreign firm, the first- mentioned firm, individual, or corporation shall be registered in manner provided by this Part .
The regulations may require that additional particulars shall be furnished and registered in all or any of such cases.
Provided that where the business is carried on by an official receiver or a trustee in bankruptcy, or a receiver, manager, or other person appointed by any court to carry on the business, registration under this Par t shall not be necessary.
6. (1) Every firm, individual, or corporation required
under this Par t to be registered shall furnish by sending
| ment in writing in or to the effect of the prescribed form | by post or delivering to the Registrar-General a state |
| containing the following particulars:— |
(a) the business name;
(b) the general nature of the business;
(c)
the place or places of the business, and the particular address or addresses at which the business is carried on, indicating, where there is more than one place of business, the principal place of business;
(d)
where the registration to be effected is that of a firm, the Christian name and surname, the
usual
usual residence and the other business occupa tion (if any) of every individual who is a partner, and the corporate name and the regis tered office in New South Wales of every corporation which is a partner;
(e) where the registration to be effected is that of an individual, the Christian name and surname, the usual residence and the other business occupation (if any) of such individual; (f) whore the registration to be effected is that of a corporation, its corporate name and registered office in New South Wales; (g) if the business is commenced after the com mencement of this Act, the date of commence ment of the business.
(2) If any of the persons mentioned in such state ment is a minor, he shall be so described in the statement, and in addition to the other particulars required by subsection one of this section, the date of such person's birth shall be stated in the statement.
(3) Where a business is carried on under two or more business names a separate statement shall be furnished in respect of each of those business names.
7 . ( 1 ) The statement required for the purpose of registration must—
(a) in the case of an individual, be signed by him or his duly constituted attorney; and (b) in the case of a corporation, be signed by a director or the secretary thereof; and (c) in the case of a firm, be signed either by all the individuals who are partners or by their duly constituted attorneys and by a director or the
secretary of all corporations which are partners
or by some individual who is a partner or his attorney or a director or the secretary of some corporation which is a partner—
and in either of the last two cases mentioned in para graph (c) must be verified by a statutory declaration made by the signatory:
Provided that—
(i) no such statutory declaration stating that any person other than the declarant is a partner,
or
or omitting to state that any person other than as aforesaid is a partner shall bo evidence for or against any such other person in respect of his liability or non-liability as a partner; and
(ii) the Supreme Court or a judge thereof may, on application of any person alleged or claiming to be or not to be a partner, as the case may be, direct the rectification of the register directed to be kept in pursuance of section sixteen of this Act, and decide any question arising under this section; and
(iii) in the case of a corporation registered under the provisions of the Companies (Amendment) Act, 1906, as amended by the Companies (Amendment) Act, 1907, or registered or deemed to be registered under the provisions of any Act replacing such Act, the statement must be signed for and on behalf of such corporation by its attorney or agent authorised to file the declaration required under any such Act or the regulations thereunder.
(2) The prescribed fee shall be paid to the Registrar-General on furnishing any statement or statutory declaration under this Part .
8. (1) The particulars required to be furnished under this Par t shall be furnished before the firm, individual, or corporation commences business or the business in respect of which registration is required, as the case may be.
| (2) If such firm, individual, or corporation carries if such business has been carried on before the com | on business without such registration being effected, or |
| mencement of this Act, and— |
(a) the firm-name of such firm, individual, or corporation has not been registered under the Registration of Firms Act, 1902; or (b) registration has not been effected under this Par t within thirty days of such commencement,
the firm, individual, or corporation required to register as provided in this Part, shall, without affecting any liability imposed under this Part , be under a continuing
obligation
obligation so to register, and notwithstanding anything to the contrary in section fifty-six of the Justices Act, 1902, may be proceeded against in respect of any default accordingly.
9. The business name under which any firm, indi vidual, or corporation is registered under this Part shall be used in all matters connected with or relating to the business carried on by such firm, individual, or corpora tion and shall be painted or affixed on the outside of every office or place in which the business is carried on in a conspicuous position in letters easily legible.
Where the business name of an individual registered under this Par t does not include his surname there shall also be painted or affixed as aforesaid his surname to gether with his Christian name or initial of such Christian name.
Where the business name of a firm registered under this Part does not include the surname of one of the in dividuals composing the firm there shall also be painted or affixed as aforesaid the surnames together with the Christian names or initials of such Christian names of all individual members of the firm and the corporate name of any corporation which is a member of the firm.
Where the business name of a firm composed of cor porations does not include the corporate name of one of the members there shall also be painted or affixed as aforesaid the corporate names of all the members.
10. Whenever a change is made or occurs in any of the particulars in respect of which any firm, individual, or corporation is registered, or deemed to be registered,
such firm, individual, or corporation shall within four
teen days after such change or within such longer period as the Registrar-General on application being made in any particular case, whether before or after the expira tion of such fourteen days allows, furnish by sending by post or delivering to the Registrar-General a statement in writing in the prescribed form specifying the nature and date of the change signed in like manner and verified in like circumstances as the statement required on registration.
1 1 . (1) If any firm, individual, or corporation registered or deemed to be registered under this Par t ceases to carry on business or abandons the use of the business name under which he or it is registered or deemed to be registered it shall be the duty of the persons who were partners in the firm at the time when it ceased to carry on business or abandoned the business name or of the individual or if he is dead his legal personal representative or of the corporation or its successor (as the case may be) within one month after the business has ceased to be carried on or the business name has been abandoned or within such longer period as the Registrar- General, on application being made in any particular case, whether before or after the expiration of such month, allows to send by post or deliver to the Registrar- General notice in the prescribed form that the firm or individual or corporation has ceased to carry on business or (as the case may be) that the business name has been abandoned.
Such notice shall be signed in like manner and verified in like circumstances as the statement required on regis tration.
(2) On receipt of such notice the Registrar- General may cancel the registration of the firm or indi vidual or corporation.
(3) Where the Registrar-General has reasonable cause to believe that any firm, individual, or corporation registered or deemed to be registered is not carrying on business under the business name under which he or it is registered or deemed to be registered he may send to the firm, individual, or corporation by registered post
| business, the address of the principal place of business, | a notice addressed to the firm, individual or corporation at the address, or where there is more than one place of |
| appearing in the registration thereof enquiring whether such firm, individual or corporation is still carrying on business under such business name and notifying that, unless an answer is received to such notice within one month from the date thereof the registration of the firm, individual, or corporation may be cancelled. | |
| (4) If the Registrar-General either receives an :answer from the firm, individual, or corporation to the effect that the firm, individual, or corporation is not |
T so so carrying on business or does not within one month after sending the notice receive an answer he may cancel the registration of the firm, individual, or corporation. The Registrar-General may on any grounds which he deems sufficient, revoke or annul any such cancellation and thereupon the firm, individual, or corporation shall be deemed to have continued to be registered as if the registration had not been so cancelled.
( 5 ) The Registrar-General may cancel the regis
tration of—
(a)
any corporation registered or deemed to be registered under this Par t the name of which has been struck off any register of companies kept under the Companies Acts for the time being in force; or
(b)
any firm, individual, or corporation convicted of making default without reasonable excuse in sending or delivering any statement required by this Act; or
(c)
any firm the partners or any partner of which are or is or of any individual who is, or any corporation the directors or any director of which are or is convicted of an offence against this Act; or
(d)
any firm or corporation which is dissolved or deemed to be dissolved.
(6) Where the registration of any firm, indi
vidual, or corporation is cancelled under subsection fourof this section, any member of the firm, or the individual
or corporation may apply to the Supreme Court in its equitable jurisdiction, and the court may, if it is satisfied that the firm, individual, or corporation was carrying on business under the firm-name, and that it is just and equitable so to do, order that the registration of the firm, individual, or corporation be restored, and thereupon the firm, individual, or corporation shall be deemed to have continued to be registered as if the registration had not been so cancelled.
The court may, upon making any such order, impose such terms as to the court seems lit.
12. ( 1 ) If without reasonable excuse any firm, indi vidual, or corporation by this Par t required to furnish a statement of particulars, or of any change in particulars, or a notice that it or he has ceased to carry on business or has abandoned a business name makes default in so doing in the manner and/or within the time prescribed by this Part—
(a)
every partner in the firm, or the individual or corporation so in default shall be liable to a penalty of not more than five pounds for every day during which the default continues; and
(b)
the court exercising jurisdiction to impose the penalty under paragraph (a) of subsection one of this section shall order a statement or a cor rected statement, as the case may be, of the required particulars or change in the par ticulars or a notice that the firm, individual, or corporation has ceased to carry on business or has abandoned the business name to be furnished to the Registrar-General within such time as is specified in the order.
(2) The expression " default " within the mean
ing of sections eleven, twelve, and thirteen of this Act
shall include the furnishing of a statement of particulars,
or of any change in particulars, incorrect to the know ledge of the person signing it in some material particular.
13. ( 1 ) Where any firm, individual, or corporation by
this Act required to furnish a statement of particulars or of any change in particulars makes default in so doing,
and during the default commences any action or suit in
the business name or for a cause of action arising out of
any dealing by such firm, individual, or corporation in the business name the court in which the proceedings
are taken shall order the firm, individual or corporation in default to furnish to the Registrar-General the proper
statement, and may stay all proceedings in the action
or suit until the order be complied with, or allow proceed
ings to be continued on an undertaking to comply with
the order within a time to be limited by the court.
(2) The power by this section given to the court
may be exercised in the case of the Supreme Court by a
Judge
judge in chambers, or in the case of a District Court by a judge thereof in chambers, or in the case of a court of petty sessions by a stipendiary or police magistrate in chambers, or by two or more justices sitting in petty sessions.
( 3 ) If any firm, individual, or corporation
required to be registered as provided in this Par t shall fail to register accordingly, all proceedings in any court of competent jurisdiction may be taken and prosecuted against such firm, individual, or corporation in the name under which such firm, individual, or corporation is carrying on business, and such name shall, for the purposes of such proceedings, be a sufficient designation of such firm, individual, or corporation in all courts, summonses, plaints, and other legal documents and instruments.
Any judgment obtained or order made in such proceed ings may be enforced against the firm or any member thereof or the individual or corporation.
( 4 ) Nothing in this section shall be construed to
exempt any firm, individual, or corporation from com
pliance with any provision of this Part .14. If any statement or notice required to be furnished under this Par t contains any matter which i s false in any material particular to the knowledge of any person signing it, that person shall be liable on summary conviction to a penalty of not more than fifty pounds, or to imprisonment for a term of not more than
liable on summary conviction to the like punishment. twelve months, and any person knowingly authorising or permitting the commission of the offence shall be 15. ( 1 ) The Registrar-General may—
(a) require any person to furnish to the Registrar- General such particulars as appear necessary to him for the purposes of ascertaining whether or not such person or the firm of which he is a partner should be registered under this P a r t
or an alteration made in the registered particu
lars ; and
(b)
(b)
in the case of a corporation, require the secre tary or any other officer of a corporation performing the duties of secretary to furnish such particulars.
(2) If any person, secretary, or officer when so required fails to furnish such particulars as it is in bis power to give, or furnishes particulars which are false in any material particular, he shall be liable on sum mary conviction to imprisonment for a term of not more than three months or to a penalty of not more than twenty pounds or to both such imprisonment and penalty.
(3) If from any information so furnished it appears to the Registrar-General that any firm, indi vidual, or corporation ought to be registered under this Part , or an alteration ought to be made in the registered particulars, the Registrar-General may require the firm, individual, or corporation to furnish to the Registrar- General the required particulars within such time as he allows, but where any default under this Par t has been discovered from the information acquired under this section no proceedings under this Par t shall be taken against any person in respect of such default prior to the expiration of the time within which the firm, individual, or corporation is required under this section to furnish particulars to the Registrar-General.
16. ( 1 ) The Registrar-General shall keep a register and index of the business names of all firms, individuals, and corporations registered under this Act, and of all statements furnished in reference thereto.
| (2) On receiving any statement furnished pur suant to section six of this Act the Registrar-General shall cause the business name of the firm, individual, or corporation on whose behalf the statement was furnished to be entered in the register; and upon such entry being made the firm, individual, or corporation shall be deemed to be registered. |
(3) The Registrar-General shall upon registration send by post or deliver a certificate thereof to the firm, individual, or corporation registering.
The certificate shall be in or to the effect of the form prescribed.
(4)
(4) A certificate of the registration of the firm, individual, or corporation shall be kept exhibited in a conspicuous position at the principal place of business of such firm, individual, or corporation, and, if not kept so exhibited, every partner in the firm, or the individual or corporation (as the case may be) shall be liable on summary conviction to a penalty of not more than twenty pounds.
1 7 . (1) Any person on payment of the prescribed fee may make a search in the register and index kept in pursuance of this Act or may inspect or make extracts from or a copy of the statements furnished in pursuance of this Act or filed in pursuance of any corresponding previous enactment.
(2) Any person on payment of the prescribed fee may require a certificate of the registration or non registration under a particular business name of any firm, individual, or corporation to be furnished or a copy of or extract from any statement furnished in pursuance of this Act or filed in pursuance of any corresponding previous enactment to be certified by the Registrar-General.
(3) The register referred to in section sixteen or a certificate of registration, or a copy of or extract from any statement furnished in pursuance of this Act or filed in pursuance of any corresponding previous enactment purporting to be signed and certified by the Registrar-General, shall in all courts, and before all persons having authority to hear, receive, and examine evidence, be admitted as prima facie evidence of the
matter contained therein and of the fact and date of registration as shown thereon.
A certificate purporting to be signed by the Registrar- General, that a firm, individual, or corporation was not, on any date or during any period, registered under the business name specified in the certificate, shall likewise be admitted as prima facie evidence, according to its tenor, that the firm, individual, or corporation was not so registered.
(1 ) The Registrar-General may, on such evidence
as to him appears sufficient, correct errors in any regis
ter, index or certificate:
18.
Provided
Provided that in the correction of any such error he shall not erase or render illegible the original words and shall affix the date upon which such correction was made with his initials.
Every registration so corrected shall have the like validity and effect as if such error had not been made.
(2 ) The Registrar-General may, where an error
in the register is corrected or the registration of any firm, individual, or corporation is cancelled, by notice under his hand, require the members of such firm, or such individual or corporation as the case may be, to deliver up the certificate of registration to be corrected or can celled, as the case may be.
Any person who without reasonable excuse neglects or fails to deliver up any such certificate to the Registrar- General within the period specified in the notice shall be liable on summary conviction to a penalty not exceeding ten pounds.
19. Where any offence against this Act committed by a corporation is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secre tary, or other officer of the corporation, he, as well as the corporation, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly.
| 20. Service at the address or where there is more than one place of business, at the address of the principal place of business shown in the statement furnished in pursuance of this Act or filed in pursuance of any corresponding previous enactment as the address or the address of | the principal place of business, as the case may be, | at which any firm, individual, or corporation registered |
| under this Par t is carrying on business of any com munication or of notice of any writ, summons, plaint, pleading, order, or other document, proceeding, or process whatsoever in any action, suit, proceeding, or matter, either by leaving the same at such office or by sending the same by registered post postage prepaid addressed to such firm, individual, or corporation at such address shall be deemed to be service upon any partner of the firm or upon the individual or corporation, as the case may be. |
PART
PART II I .
USE OF CERTAIN WORDS I N T H E N A M E S , ETC., OF
F I R M S , ETC.
21. Notwithstanding anything in any Act no firm, individual, or corporation required to register under Par t I I of this Act shall be so registered under a business name which includes the word " Royal " or the word " King " or the word " Queen " or the word " Crown " or the word " Empire " or the word " Imperial " or the word " Commonwealth " or any word signifying Royal or Government support or patronage, or any word or matter used in such manner as would imply or be likely to convey the impression that such firm, individual, or corporation is or will be wholly or partly authorised or supported by or connected with His Majesty's Dominions unless consent has been given to the use of such business name by the Governor; or which includes the words " Sta te ," " Australia," or " Australasia," or the name of any State if in the opinion of the Registrar- General the same is calculated to mislead:
Provided that nothing in this section shall prevent the continuance of the use by any firm, individual, or corporation or his or its successor in interest of the word " Commonwealth " in any name, style, title, or designa tion under which he or it was registered or traded or carried on business at the date of the commencement of tins Act.
22. No person or firm not incorporated shall assume or use or continue to assume or use the word " saving "
or " savings " or the words " savings bank " or " sav
ings institution " or " savings department " or " savings section " as part of the designation or title or as a description of the business or of any department, section, or other part of the business of such person or firm.
23. (1) No person or firm not incorporated shall assume or use or continue to assume or use the title of " bank," " banker," " banking company," " banking house, " " banking association, " " banking institution, " " t r u s t , " " t rus t ee , " "guarantee ," or "fidelity," or
words
words of like import, in any way whatever in connec tion with the trade or business designation or title of such person or firm.
(2) No person or firm shall assume or use or continue to assume or use any business name of which the final word is the word " limited " or any combination of letters being or capable of being understood to be an abbreviation of the word ' ' limited ' ' :
Provided that this subsection shall not apply where any such final word is, and is used in the business name as part of the corporate name of a corporation which is one of the partners carrying on business under such business name.
( 3 ) Every person and every member of any
firm guilty of committing, causing, directing, or authorising a breach of either this section or of section twenty-two of this Act shall be guilty of an offence, and shall be liable on summary conviction to a penalty of not more than ten pounds, and in the case of a continuing offence to a penalty of not more than ten pounds for every day such breach continues.
24. (1) No person or firm not incorporated shall use, nor shall any firm, individual, or corporation required to register under Par t I I of this Act be so registered under—
(a) a business name identical with the business name of a firm, individual, or corporation
identical with a firm-name registered under the already registered under Par t I I of this Act or Registration of Firms Act, 1902, at the com mencement of this Act, or so nearly resembling any such name as to be calculated to deceive, except where the firm, individual, or corporation already so registered or the firm or person whose firm-name is so registered (as the case may be) is about to cease carrying on business, and signifies its or his consent in such manner as the Registrar-General requires: or
(b)
(b) a name identical with that by which—
(i) a company in existence is already registered or deemed to be registered under the Companies Acts for the time being in force; or
(ii) a society in existence is already registered or deemed to be registered under the Co-operation Act or the Friendly Societies Acts for the time being in force,
or so nearly resembling any such name as to be calculated to deceive, or containing any words or combination of letters which are or is iden tical with the words or initial letters of the name by which a company or society in existence is already registered or deemed to be registered as aforesaid, or any words so nearly resembling the words or any of the words of any such name as to be calculated to deceive, except where the company or society in existence is in the course of being dissolved and signifies its consent in such manner as the Registrar-General requires:
Provided that a company so consenting shall add to its name the words " in liquidation " within brackets, and the said words shall be deemed to be part of the name of the said com pany; or
(c)
a name identical with the name of any company or society formed or incorporated outside New South Wales which carries on business within New South Wales and which has registered in the office of the Registrar-General in the manner
specified in section seven of the Companies
(Amendment) Act, 1906, or any enactment
replacing that section, or so nearly resembling that name as to be calculated to deceive except where the said company or society is about to cease carrying on business in New South Wales and signifies its consent in such manner as the Registrar-General requires; or
(d)
a business name which, in the opinion of the Registrar-General, is offensive or blasphemous or likely to mislead the public as to the identity
of
of any firm, individual, or corporation required to register or as to the nature of its or his business; or
(e) a name which indicates or implies that the business carried on or proposed to be carried on is connected with gambling, fortune-telling, astrology, marriage agency, or any unlawful occupation. (2) Where, in the opinion of the Registrar- General, owing to the nature of the business and the locality in which the same is carried on, the public are not likely to be misled, he may in his discretion register a firm, individual, or corporation, using a name identical with or similar to one already in use, but shall not so register any firm, individual or corporation where such registration would result in two or more businesses being carried on in the same locality under the same name.
25. Any penalty imposed by this Act or the regula tions may be recovered in a summary manner before a court of petty sessions holden before a stipendiary or police magistrate.
26. (1) Any firm, individual, or corporation who or which through inadvertence or otherwise is registered under any business name prohibited or containing any word or words or combination of letters prohibited by this Act or who or which has been so registered under the Registration of Firms Act, 1902—
(a)
shall on the request in writing of the Registrar- General change his or its business name; and
(b) shall comply with the provisions of Part II of this Act relating to the change of particulars registered in respect of firms, individuals, or corporations, so far as such provisions are applicable. (2) The Registrar-General shall enter the new business name in the register in place of the former name and upon payment of the prescribed fees issue a certifi cate of registration altered to meet the circumstances of the case.
(3)
(3) If any such firm, individual, or corporation registered under any business name prohibited or con taining any word or words or combination of letters pro hibited as aforesaid neglects or refuses to take forthwith all necessary steps to change his or its business name after being required by the Registrar-General by notice in writing to change the same every such individual or corporation and every member of such firm shall be guilty of an offence and shall be liable on summary conviction to a penalty of not more than five pounds and in the case of a continuing offence to a further penalty of not more than five pounds for every day such offence continues.
(4) Nothing in this section shall affect any liability incurred by any firm, individual, or corporation under this or any other Act.
27. (1) Regulations not inconsistent with this Act may be made under the Conveyancing Act, 1919-1932, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed to carry this Act into effect, or to give effect to any power, function, duty, or authority under this Act, and without limiting the generality of the power conferred by this section the regulations may prescribe—
(a) the fees to be paid to the Registrar-General under this Act; (b) the forms to be used under this Act (and all such forms or forms to the like effect may be used for the purposes of this Act, and shall be sufficient in law); (c)
the duties of the Registrar-General for the purposes of this Act;
(d) generally the conduct and regulation of registration under this Act.
(2) Such regulations may prescribe penalties not exceeding twenty pounds for any breach thereof.
FERTILIZERS
0
0
0