CHAPTER 389
REGISTRATION OF BUSINESS NAMES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Scope of Act

PART II
REGISTRATION

   4.   Firms and persons to be registered

   5.   Application for certificate

   6.   Reservation of name

   7.   Issue of certificate

   8.   Registration by nominee, etc.

   9.   Rejection of application

   10.   Publication of name

   11.   Display of certificate

   12.   Annual return

   13.   Surrender of certificate

   14.   Transfer of certificate

   15.   Registration of change of particulars

   16.   Suspension or cancellation of certificate

   17.   Re-registration

   18.   Loss of certificate

   19.   Register

   20.   Removal of names from Register

   21.   Publication of registered individuals and firms

   22.   Appeal

PART III
GENERAL PROVISIONS

   23.   Penalty for failure to provide information

   24.   Penalty for false statement

   25.   Offences by firm

   26.   Regulations

   27.   Repeal of Registration of Business Names Act, 1931

AN ACT

to provide for the registration of business names; repeal and replace the Registration of Business Names Act, 1931; and provide for matters connected with, or incidental to, the foregoing.

[15th April, 2011]

Act 16 of 2011.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Registration of Business Names Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Agency” means the Patents and Companies Registration Agency established under section 3 of the Patents and Companies Registration Agency Act, 2010;

“business” means a trade, occupation, profession or venture conducted or carried on by one or more persons for gain or profit;

“business name” means the name or style under which any business is carried on, whether in partnership or otherwise, other than the true names of an individual;

“certificate” means the certificate of registration issued under section 7;

“court” means a court of competent jurisdiction;

“firm” means an unincorporate body of two or more individuals or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit;

“foreign firm” means any firm, individual or corporation whose principal place of business is situated outside Zambia;

“individual” means a natural person, and does not include a corporation;

“initials” includes any recognised abbreviation of a forename;

“Register” means the Register established under section 19;

“Registrar” means the person appointed as Registrar under section 14 of the Patents and Companies Registration Agency Act, 2010; and

“repealed Act” means the Registration of Business Names Act.

   (2) References in this Act to a former forename or surname shall not include a former forename or surname where that name or surname has been changed or disused before the person bearing the name attained the age of eighteen years, and, in the case of a married woman, shall not include the name or surname by which she was known previous to the marriage.

   (3) References in this Act to a change of name shall not include a change of name which has taken place before the person whose name has been changed has attained the age of eighteen years.

3.   Scope of Act

This Act does not apply to a corporate body, established or registered under the provisions of any law, in respect of any business carried on by it under the name by which it is so established or registered.

PART II
REGISTRATION

4.   Firms and persons to be registered

   (1) Subject to the provisions of this Act, the following shall apply for registration under the provisions of this Act:

      (a)   every individual or firm with a place of business in Zambia and carrying on business under a business name which does not consist of the true surname of the individual or surnames of all the partners who are individuals and the corporate names of all the partners who are corporations without any addition other than the true forename or forenames of the individual partners or initials of the forenames; and

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