Companies and Business Names (Amendment) Act 1957 (NSW)

COMPANIES AND BUSINESS NAMES (AMENDMENT)

ACT.

Act No. 5 1 , 1957.

An Act to make further provisions with respect to the reservation of names for and the change of names by companies; to amend the Companies Act, 1936, and the Business Names Act, 1934, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 4th December, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parl iament assembled, and by the author i ty of the same, as follows:—

(1) This Act may be cited as the " C o m p a n i e s and Business Names (Amendment) Act, 1957" .

1.

(2) The Companies Act, 1936, as amended by subsequent Acts and by th is Act, may be cited as the Companies Act, 1936-1957.

(3) The Business Names Act, 1934, as amended by subsequent Acts and by th is Act, may be cited as the Business Names Act, 1934-1957.

(a)	by omitting subsection three of section thirty- two and by inser t ing in lieu thereof the follow­ ing subsection:—
(3) A solicitor engaged in the format ion of a company, or a person named in the proposed art icles as the secre tary of a proposed company, or a company which proposes to change i t s name,

2. The Companies Act, 1936, as amended by subsequent Acts, is amended—

name, or any pe r son on behalf of such last- ment ioned company, may file with the Reg i s t r a r - General a prescr ibed notice specifying the name by which it is p roposed tha t such company shall be reg is te red or the p roposed new name, as the case m a y be, and if t ha t name is not identical with a name by which a company a l ready in existence is regis tered, or with a name a l ready reserved, or does not, in the opinion of the Regis t ra r -Genera l , so nea r ly resemble a name by which a company a l ready in existence is regis tered , or a name a l ready reserved, as to be calculated to deceive, or does not otherwise contravene the provis ions of this section, the name shall be reserved for the p roposed com­ pany, or the company, in respect of which the notice is filed, for a per iod of s ixty days after the da te of the filing of the notice.

(b) (i) by omit t ing from subsection one of section
thirty-five the words " o f the G o v e r n o r "

and by inser t ing in lieu thereof the words

" i n wr i t ing of the R e g i s t r a r - G e n e r a l " ;

(ii)   by omitting subsection two of the same sect ion;

(c)	by omitting from subsection four of section forty
the word " G o v e r n o r " and by inser t ing in lieu
thereof the word " R e g i s t r a r - G e n e r a l " .
3. The Business Names Act, 1934, as amended by subsequent Acts , is amended by inser t ing next af ter p a r a g r a p h (b) of subsection one of section twenty-four

the following new p a r a g r a p h : —

(b1) a name identical wi th a name for the t ime being reserved under subsection three of section th i r ty- two of the Companies Act, 1936, as amended by subsequent Acts , or so near ly resembling a name for the t ime being reserved under t ha t subsection as to be calculated to deceive; or.

F I S H E R I E S