Registration of Business Names Act, 1962 Act 151 (Revised Edition)

ACT 151
Registration ofBusiness Names Act, 1962
ACT 151
REGISTRATION OF BUSINESS NAMES ACT, 1962
ARRANGEMENT OF SECTIONS
SECTION
1. Persons to be registered,
2. Manner and particulars of registration. 3. Statement to be given by person registering. 4. Time for registration. 5. Refusal to legister and cancellation of registration. 5A. Annual renewal of registration. 6. Changes in particulars registered. 7. Penalty for default in registration. 8. Penalty for false statements. 9. Issue of certificate of registration. 10. Removal of name upon cessation of business. 11. Duty to furnish particulars to registrar. 12. Searches. 13. Copies of entries in registers. 14. Publication of hue names. 15. Disability of peison in default. 16. Regulations. 17. interpretation. 18. Repeal and saving. 19. Exclusion of partnerships. 20. Commencement. ACT 151
REGISTRATION OF BUSINESS NAMES ACT, 1962'
AN ACT to consolidate with amendments the law relating to the registration of
business names. 1.

nt. ACT 151
REGISTRATION OF BUSINESS NAMES ACT, 1962'
AN ACT to consolidate with amendments the law relating to the registration of
business names. 1.

Persons to be registered
(1) Subject to subsection (2), there shall be registered in accordance with this Act,
(a) an individual having a place of business in the Republic, who
(i) carries on business under a business name which does not consist of
the true surname of that individual without an addition other than the
first names or the initials, or
1. The Act was assented to on 22nd November, 1962. VI-5501 [Issue 1]

hat individual without an addition other than the
first names or the initials, or
1. The Act was assented to on 22nd November, 1962. VI-5501 [Issue 1]

ACT 151
Registration ofBusiness Names Act, 1962
(ii) has before or after the commencement of this Act changed the name
of that individual, except in the case of a woman in consequence of
marriage,
(b) a company carrying on business in the Republic under a business name
which does not consist of its corporate name without an addition. (2) Registration is not necessary
(a) where the addition referred to in subsection (1) merely indicates that the
business is carried on in succession to a former owner of the business, or
(b) where the business is carried on by a receiver or manager appointed by a
court of competent jurisdiction. 2.

to a former owner of the business, or
(b) where the business is carried on by a receiver or manager appointed by a
court of competent jurisdiction. 2.

Manner and particulars of registration
A person required under this Act to be registered, shall furnish to the registrar at the
office of the registration a statement in writing in the prescribed form containing
(a) the business name,
(b) the general nature of the business,
(c) the principal place of the business,
(d) any other places at which the business is carried on,
(e) where the registration to be effected is that of an individual
(i) the present first name and surname of that individual,
(ii) the nationality and, if that nationality is not the nationality of origin,
the nationality of origin of that individual,
(iii) the usual residence and other business occupation of that individual,
and
(iv) whether that individual is under the age of twenty-one years at the
date of furnishing the statement and, if so, the date of birth of that
individual,
(f) where the registration to be effected is that of a company, its corporate
name and registered office,
(g) the date of the commencement of the business. 3.

e the registration to be effected is that of a company, its corporate
name and registered office,
(g) the date of the commencement of the business. 3.

Statement to be given by person registering
The statement mentioned in section 2 shall be signed,
(a) in the case of an individual, by the individual, and
(b) in the case of a company, by a director or secretary of the company. 4. Time for registration
The particulars referred to in section 2 shall be furnished within fourteen days after
that person commences the business in respect of which registration is required. [Issue 1] VI - 5502

n 2 shall be furnished within fourteen days after
that person commences the business in respect of which registration is required. [Issue 1] VI - 5502

ACT 151
Registration ofBusiness Names Act, 7962
5. Refusal to register and cancellation of registration
(1) The registrar shall refuse to register the business name of a person if the registrar
has reason to believe that the business carried on or about to be carried on by that person
is unlawful. (2) The registrar may refuse to register the business name of a person if, in the opin
ion of the registrar, the name is calculated to lead to the belief that the general nature of
the business is other than that specified in the written statement furnished under section 2,
or is in any other respect misleading or undesirable. (3) A person aggrieved by the refusal of the registrar to register a business name un
der subsection (1) or (2), may, within twenty-one days of the receipt of a notification
from the registrar regarding the refusal and the grounds for the refusal, appeal to the High
Court.2
(4) Where a business name registered under this Act is subsequently found to be mis
leading or undesirable by reason of a change in the nature of the business carried on, the
registrar may notify the person responsible for the registration of the intention to cancel
the registration.

e nature of the business carried on, the
registrar may notify the person responsible for the registration of the intention to cancel
the registration.

(5) At the expiration of twenty-one days from the date of the notice or a longer period
that the registrar may allow, the registrar shall cancel the registration unless within that
time that person had lodged an appeal to the High Court against the registrar’s decision.3
5A. Annual renewal of registration
(1) Once in a year an individual or company registered under this Act shall deliver to
the registrar for registration a renewal notice in the prescribed form renewing the
registration. (2) Without prejudice to any other liability prescribed by this Act, a registration
which is not renewed in accordance with this section shall lapse and the registrar may
remove from the register the business name of a person whose registration has lapsed
after the expiration of the period prescribed for the renewal.

ay
remove from the register the business name of a person whose registration has lapsed
after the expiration of the period prescribed for the renewal.

(3) In the case of a person registered between the 1st day of January and the 30th day
of June in a year the renewal notice shall be delivered for registration within twenty-eight
days after the 1st day of January each year; and in the case of a person registered between
the 1st day of July and the 31st day of December in a year the renewal notice shall be
delivered for registration within twenty-eight days after the 1st day of July each year. (4) Section 5 shall apply to a renewal of registration as it applies to a first
registration. (5) There shall be paid for each renewal of registration the prescribed fee.4
2. The concluding words of the subsection stating that the decision of the High Court “shall be final” is omit
ted in view of article 137 of the Constitution. 3. The concluding words of the subsection that “the decision of the High Court on any such appeal shall be
final” has been omitted in view of article 137 of the Constitution. 4. Inserted by section 1 of the Registration of Business Names (Amendment) Decree, 1974 (N.R.C.D. 293).

ed in view of article 137 of the Constitution. 4. Inserted by section 1 of the Registration of Business Names (Amendment) Decree, 1974 (N.R.C.D. 293).

Section 2 of that Decree also provided that “in the case of persons who immediately before the com
mencement of the Decree were registered under (he Act between the 1st July and 31st December, (he first
renewal shall be effected within 21 days after (he commencement of the Decree.” That provision is spent. VI-5503 (issue 1]

nd 31st December, (he first
renewal shall be effected within 21 days after (he commencement of the Decree.” That provision is spent. VI-5503 (issue 1]

ACT 151
Registration ofBusiness Nantes Act, 1962
6. Changes in particulars registered
(1) Where a change is made or occurs in any of the particulars registered under this
Act in respect of a person, that person shall notify the change to the registrar in writing
signed as provided in section 3. (2) The change shall be notified within twenty-eight days after it is made or occurs. 7. Penalty for default in registration
Where a person who fails to comply with a provision of sections 1 to 6, that person,
and in the case of a company every director of the company, is liable to a fine of one
hundred penalty units for every day during which the default continues; and the High
Court shall order a statement of the required particulars to be furnished to the registrar
within the time specified in the order. 8.

es; and the High
Court shall order a statement of the required particulars to be furnished to the registrar
within the time specified in the order. 8.

Penalty for false statements
Where a statement required to be furnished under this Act contains a matter which is
false in a material particular to the knowledge of a person signing it, that person commits
an offence and is liable on conviction to a fine not exceeding two hundred penalty units
or to a term of imprisonment not exceeding six months or to both the fine and the
imprisonment. 9. Issue of certificate of registration
(1) A statement furnished under this Act shall be filed by the registrar who shall de
liver a certificate of the registration to the person registering. (2) The certificate or a certified copy of the certificate shall be exhibited in a con
spicuous position at the principal place of business of that person, and if not so exhibited,
that person, and in the case of a company, every director of the company, is liable to a
fine not exceeding one hundred and fifty penalty units. 10.

,
that person, and in the case of a company, every director of the company, is liable to a
fine not exceeding one hundred and fifty penalty units. 10.

Removal of name upon cessation of business
(1) Where a person registered under this Act ceases to carry on business,
(a) in the case of an individual, the individual, or if that individual is dead, the
personal representative, or
(b) in the case of a company, the persons who were directors in the company at
the time when it ceased to carry on business and a liquidator of the
company
shall, within three months after the business has ceased to be carried on, send by post or
deliver to the registrar a notice stating that that person or company has ceased to carry on
business. (2) Where a person whose duty it is to give the notice fails to do so within that time
that person is liable to a fine of twenty-five penalty units. (3) On receipt of the notice, the registrar may remove the business name of that per
son or the company from the register. (Issue 1] VI - 5504

units. (3) On receipt of the notice, the registrar may remove the business name of that per
son or the company from the register. (Issue 1] VI - 5504

ACT J 51
Registration of Business Names Act, 1962
(4) Where the registrar has reasonable cause to believe that a person registered under
this Act is not carrying on business, the registrar shall send to that person by registered
post a notice that, unless an answer is received to the notice within one month from the
date of the notice, the business name of that person shall be removed from the register. (5) Where the registrar receives an answer from that person indicating that the busi
ness is not being carried on or does not within one month after sending the notice receive
an answer, the registrar shall remove that business name from the register. 11. Duty to furnish particulars to Registrar
(1) The registrar may require a person to furnish the particulars that appear to the reg
istrar necessary for the purpose of ascertaining whether or not that person should be reg
istered under this Act, or an alteration made in the registered particulars; and may, in the
case of a company, require a director, the secretary or any other officer of the company
discharging the duties of secretary to furnish those particulars.

of a company, require a director, the secretary or any other officer of the company
discharging the duties of secretary to furnish those particulars.

(2) Where a person when required under subsection (1) fails to supply the particulars
as it is .in the power of that person to give, or furnishes particulars which are false in a
material particular, that peison commits an offence and is liable on conviction to a fine
not exceeding two hundred penalty units or to a term of imprisonment not exceeding six
months or to both the fine and the imprisonment. (3) Where, from an information furnished, it appears to the registrar that a person
ought to be registered under this Act or an alteration should be made in the registered
particulars, the registrar may require that person to furnish the required particulars within
the time allowed by the registrar; but where a default under this Act is discovered from
the information required under this section, proceedings under this Act shall not be taken
against a person in respect of the default prior to the expiration of the time within which
that peison is required by the registrar under this section to furnish those particulars. 12.

default prior to the expiration of the time within which
that peison is required by the registrar under this section to furnish those particulars. 12.

Searches
The registrar shall allow searches to be made at a reasonable time in a register book,
register or file or registered documents in the possession of the registrar. 13. Copies of entries in registers
(1) The registrar shall, on request, give a certified copy of an entry in a register book
or register, or any other filed document. (2) A certified copy shall be received in evidence, without further or any other proof
in legal proceedings. 14. Publication of true names
(1) A person required by this Act to be registered shall, in the trade circulars and
business letters issued or sent by that person to any other person, have written or printed
in legible characters on those circulars and letters,
(a) in the case of an individual, the present first name or the initials and present
surname and any first name or surname of that individual;
(b) in the case of a company, the present first names and surname and the for
mer first or surname of every director. VI - 5505 [Issue 1]

individual;
(b) in the case of a company, the present first names and surname and the for
mer first or surname of every director. VI - 5505 [Issue 1]

ACT151
Registration ofBusiness Names Act, 1962
(2) Where a person fails to comply with subsection (1), that person, and in the case of
a company, very director of the company, is liable to a fine of fifty penalty units. 15. Disability of person in default ’
(1) Where a person required to furnish a statement of particulars or of a change in
particulars defaults in so doing, the rights of the defaulter under, or arising out of, a con
tract made or entered into by, or on behalf of, the defaulter in relation to the business in
respect of which particulars were required at any time while the defaulter is in default, are
enforceable by action or any other legal proceedings in the business name or otherwise.

re required at any time while the defaulter is in default, are
enforceable by action or any other legal proceedings in the business name or otherwise.

(2) For the purposes of subsection (1),
(a) the defaulter may apply to the High Court for relief against the disability
imposed by subsection (1), and the High Court, on being satisfied that the
default was accidental, or due to inadvertence, or any other sufficient
cause, or that on other grounds, it is just and equitable to grant relief, may
grant that relief generally or as respects a particular contract and on the
conditions that the High Court may impose;
(b) the rights of any other parties as against the defaulter in respect of the con
tract are not prejudiced;
(c) if an action or a proceeding is commenced by any other party against the
defaulter to enforce the rights of the party in respect of the contract, this
section does not preclude the defaulter from enforcing in that action or pro
ceeding by way of counter-claim, set-off or otherwise, the rights that the
defaulter may have against that party in respect of that contract. 16.

pro
ceeding by way of counter-claim, set-off or otherwise, the rights that the
defaulter may have against that party in respect of that contract. 16.

Regulations
The Minister may, by legislative instrument, make Regulations,
(a) for the appointment of registrars and for the direction and guidance of reg
istrars and of the persons acting under the registrars;
(b) prescribing the forms to be used for the purposes of this Act;
(c) prescribing the fees to be taken by the officers by or before whom the acts
for which the fees are payable are done; and
(d) generally for the better carrying out of the purpose of this Act. 17. Interpretation
In this Act, unless the context otherwise requires,
“business” includes a profession;
“business name” means the name or style under which or by which a business is
canicd on whether in partnership or otherwise;
“company” includes a company or corporation incorporated in the Republic or
elsewhere and a company carrying on business in partnership with any other person;
[IsSue 1] VI - 5506

or corporation incorporated in the Republic or
elsewhere and a company carrying on business in partnership with any other person;
[IsSue 1] VI - 5506

ACT 151
Registration ofBusiness Names Act, 1962
“director” includes a person, by whatever name called, who is appointed to direct
and administer the business of the company, or poses as a director or knowingly al
lows other persons to hold that person out as a director of the company, or on whose
directions or instructions the only appointed directors of the company are accustomed
to act;
“first name” includes a forename and when used with surname includes any other
name; '
“initials” include a recognised abbreviation of a first or any other name;
“Minister” means the Minister responsible for Justice; ‘
“prescribed” means prescribed by Regulations made under section 16; '
"registrar" means the person appointed in accordance with this Act as registrar,
whether generally or for a particular place. 1 , ‛
18. Repeal and saving
Spent.5
19. Exclusion of partnerships
This Act shall not apply to a partnership registered under the Incorporated Private
Partnerships Act, 1962 (Act 152). 20. Commencement
Spent? 1
5. The seclion provided that,
“(1) The Registration of Business Names Ordinance (Cap. 177), the Registration of Business Names
(Amendment) Ordinance, 1957 (No.

clion provided that,
“(1) The Registration of Business Names Ordinance (Cap. 177), the Registration of Business Names
(Amendment) Ordinance, 1957 (No.

28 of 1957), and Part Two of the Companies and Registration of
Business Names (Amendment) Act, 1959 (No. 25 of 1959) are hereby repealed. (2) Without prejudice to the general effect of the Interpretation Act, 1960 (C.A. 4) as to repeals, every
regulation or registration made under an enactment repealed by this Act and in force immediately be
fore the commencement of this Act shall continue in force as if made under the corresponding provi
sion of this Act.”
6. The section provided that this Act shall be deemed to have come into operation at the same time as the
Incorporated Priyate Partnerships Act, 1962 (Act 152) which was assented to on 20th November. 1962. VI-5507 (Issue 1]