Registration of Firms Act 1899 (SA)

ANNO SEXAGESIMO SECUNLIO E T SEXAGESIMO

TERTIO

No. 723.

An Act to provide for the Registration of Firms.

[Assented to, December 2134 1899.1

E it Enacted by the Governor, with the advice and consent of

B the Parliament of Routh Australia, as follows:

1, This Act may be cited as "The Registration of Firms Act, Sho*title-

1899."

2. This Act shall come into operation on the first day of January, Commenoement of Act.

one thousand nine hundred, which date is hereinafker referred to as

thc commencement of this Act.

3. In this Act, unless some other meaning is clearly intended- Interprhtinn.

Firm " shall mean any two or more persons lawfully associated for' the purpose of carrying on any business, but shall not include a company incorporated by or in pursuance of any Act of Yarliament, Letters Patent, or Royal Charter:

Firm-name " shall mean the name or style under which any

business is carried on, whether in partnership or othcrwise:

"Prescribed" shall mean prescribed by regulations made in

pursuance of this Act:

Registxar " shall mean the Registrar of Companies:

" Usual name " shall include a signature habitually used for

business purposes.

723 4, From

62O & 63' VICTORIA?, No. 7 2 3

The Registr~tion qf Firms Act.-1 899.

Finus and person6 to 4, From and after the commencement of this Act-

be registered. -

(a) Evcry firm carrying on business or having any place of business in South Australia under a firm-name which does not consist of the full or the usual names of all the partners or all the acting partners without any addition:

( b ) Every person carrying on business or having any place of

business in South Australia under any firm-name con- sisting of or containing any name or addition other than the full or the usual name of that person:

shall register, in the manner directed by this Act, the name under

which their or his business is or is intendcd to bc carried on.

Manner andparticu- 5, Registration under this Act s l d l be effected by sending by

lars of registration.

post or delivering to the Registrar a statement in writing containing

the following particulars :-

(a) The firm-namc!:

( b ) The nature of the business:

(c) The place or places of the business:

(d) The full name, usual residence, and other occupation (if any)

of the person or persons carrying on or intending to carry

on the business:

( e ) If the business is commenced or any new place of business is established after the commencement of this Act, the date of the commencement of the business or establishment of the place of business.

Periodical registra-

tion. 6, Registrations under this Act shall continue for the term of

five years. Prior to the termination of that period and each succeed-

ing period of five years new registra.tions shall be effected.

Exemptions. 7, Persons who do not publicly notify or advertise themselves as

carrying on any specified business at any specified place of business

in South Australia, and who merely contract to perform specified

work for or supply specified materials to any particular person within

any period not exceeeding twelve months from the time of so con-

tracting, shall be exempt from registration under this Act.

Particulars for re&- 8. (1) The persons carrying on or intending to carry on any

tration . business under a firm-name required to be registered as aforesaid shall write and sign or shall acknowledge a statcment of the garti- culars required for registration, if in South Australia, in the presence of s Justict of the Peace, commissioner for taking affidavits, or solicitor, and, if elsewhere than in South Australia, in the presence of a JuStice of the Peace or of a British consul or notary public, by whom respectively such sign:~turcs or acknowledgments shall be attested,

(2 ) The

62' & 63' VICTORIE, No. 723.

The Registration of lnirms Act.-1899.

p- P

(2) The foregoing provisions of this section shall be deemed to be

complied with if any partner in South Australia signs or acknow-

ledges the said statement.

(3) If there is in South Australia no partner carrying on or intending to carry on a business carried on under a firm-name, the foregoing provisions of this section shall be deemed to be sufficiently complied with if the said statement is signed or acknowledged by any person who has previously filed in the office of the Registrar a statutory declaration that he is duly authorised by and on behalf of such persons as are described in such declaration to carry on the business the firm-name of which he desires to have registered.

9, The firms and persons required to be registered as aforesaid Time for registration.

shall register before they commence business: Provided that if such firms or persons have carried on business before the commencement of this Act, it shall be sufficient if they register within three months after that date,

The firm-name of any firm or person registered under this Act

shall be used in all matters connected with or relating to the always to be used.

business carried on by such firm or person.

Registered name

10,

firm, the members of thc firm as re-constituted shall, within one changes m firm. 11. Where a change occurs in the constitution of a registered Reeistrafion of

month after such change, send bp post or deliver to the Registrar a statement thercof, in the form in the schedule to this Act annexed (or in any other prescribed form).

12. A registered firm changing its fim-name shall be registered Re-rogistrutions on uhhaogo of firm-name.

as if it were a new firm, and the statement sent or delivered to the Registrar shall mention the former name of the firm as being abandoned by it, as well as the particulars required for a new

registration.

13. If any person by this 9 c t required to send or deliver any Penalty for default

or delivering the same in manner and within the time specified by

this Act, he shall, for every day during which the default continues,

be liable on summary conviction to a penalty of not exceeding One

statement shall make default without reasonable excuse in scnding in registration. sum of One Hundred Pounds.

14. Where any firm or person by this Act required to send or Persons in default deliver any statcmont to thc Registrar has therein made default, b~ngingactiOna and during the default commences any action in the firm-name,

or for a cause of action arising out of any dealing by such firm or person in the firm-name, the Court shall order the firm or person in default to send or deliver to the Registrdr the proper statement, and may stay all proceedings in the action until the order be complied with, or allow proceedings to he continued on an under- taking to comply with the order within a time to be limited by the

Court

62O & 63' VICTORIE, No. 723.

The Registratiotz of Firms Act.- 1899.

Court. The power by this section given to the Court may be exercised by a Judge at chambers, or in Local Court actions by a Special Magistrate,

False returns.	15. Every one commits a misdemeanor, and shall be liable to imprisonment with hard lnbor for a term not exceeding two years, who makes, signs, sends, or delivers, for the purpose of registration under this Act, any false statement purporting to be made under this Act and known by him to be false.
Certificate of regia-
tration.	16. On receiving any statement made in pursuance of this Act, the Registrar shall cause the same to be filed, and he shall send by post or deliver a certificate of the registration thereof to the firm or person registering.
Register and index.	17. The Registrar shall keep, in proper books to be provided for the purpose, a register and an index of all the firms and thc firm- name of persons registered, and of all the statements registered in reference thereto.

Inspectimandcopies. 18. (1) Any person may inspect, make extracts from, or copies

of the staten~ents filed by the Xegistmr.

(2) Any person may require a certificate of the registration of any firm or person, or a copy of OF extract from any registered statement, to be certified by the Registrar.

certifioate, evidence. 19, A certificate of registration, or a copy of or extract from any

statement registered under this ,4ct, purporting to be signed and ccrtified by the Rrgistrar, shall be primd fincie evidence thereof, and of the fact and date of registration as shown thereon.

Regulations. 20. The Governor may make regulations for all or any of the following matters, namely :-

(a) Prescribing the fees to be paid to the Registrar under this Act:

(6) Prescribing the forms to be used:

(c) Prescribing the conduct and regulation of registration under

this Act, and as to any matters incidental thereto.

Publication ia 21. All regulations when made shall bc published in the

Gaacttb. Government Gazette, and shall be laid before Parliament within one month of the making thereof if Parliament be then in Session; if not, then within fourteen days after the next meeting of Parliament, and shall be valid in law as if the same were enacted in this Act,

. unless either House of Parliament shall, by resolution passed within thirty days next after any such regulation shall be laid before it, resolve that the whole or any part thereof ought not to continue in force. In that case the whole of such regulation or such part or

parts thereof as may be specified in the resolution shall, from and

after the passing of such resolution, cease to be binding.

22. For

62' & 63' VICTORIR, No. 723"

The Registration of Firms Act.-1 899.

22. For the purpose of making the statements required by this Form..

Act the forms in the Schedule hereto, or any prescribed forms to the

like effect, may bc used.

23. (1) Penalties under this Act may be recovered summarily Recovevof p-ltie~.

before a Special Magistrate or two Justices of the Peace, in the

lvianiler prcscribed by Act No. 6 of 1850, and the Act or ,4cts

amending the same, or any other Act that may bc law in that

behalf.

(2) There shall be an appeal to thc Local Court of Adelaide of Full Jurisdiction from any conviction or order dismissing any infor- mation for an offence against this Act.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

TENNY SON, Governor,

SCHEDULE.

62' & 63" VICTORIW, No. 723.

The Registration of Firms Act-1 899.

SCHED ULE+

FORMS OF STATEMENT.

" The R.egistratioa of Firms Act, 1899."

Original Registration of n Firm.

The firm-name is (A)

The buainess of the firm is

It ia intended to carry on the business at

N A M E ~ OF ~ E R B O N S CARXLSINO O N (OT INTENUINQ TO CAXKY ON) THR BCBINECIG. -L-

l

Full Namo [ t o be written Other Occupation, Description, and

or acklzowledged by each person Usual Bosidence.

himself]. Addition (if any).

-- -

-

Date of intendcd commcnccment of business, or establishment of new place of

business, if after the commencement of the Act

Signed and declared at

the before me

day of

[ l iere ael oul Justice o f the Eercce, Com9ninsioner f o r taking

~ ~ d a v i t s, Sol io i lor, #C., cta the case may be.]

" The Registration of Firms Act, 1899."

( B ) Nutice v f Change in Constitzction of Registered Firm.

Registered firm-name

We, the undersigned [the menders c f theJir9n as re-constiluted] hereby give notice

that on the day of , the following change took place in

the constitution of the firm registered by the name of

that is to say

* A.B. retired from the firm.

C.D. became a member of the firm.

* As t.he case may be.

62' & 63' VICTORIE, No. 723.

The Reaqistration of Firms Act.-1899.

Other Occupation, Description, snd

Full Nnme.	1 usual ~ ~ ~ i, j ~ ~ ~ ~,	Addition (if any).
l
.t As upon an original registration.

Signed and declared at

the day of

hefore me

[Here set out Jtistics of the Peace, Commissioner for taking

A$idauits, Solicitor, #C., as lire case may be.]

The Registration of Firms Act, 1899."

( C ) Notice of Change of R@gistsred f irm-name.

Registered firm-name (in addition to Form A) -

The persons now registering are the persons who heretofore carried on business

under the registered firm-name of	, which is abandoned
as from the date of this notice.

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Adelaide : By ~uthority, C. E. RHIBTOW, Gwernment Printer, North Terrace.