CHAPTER 389 - REGISTRATION OF BUSINESS NAMES ACT, 2011

INDEX TO SUBSIDIARY LEGISLATION

REGISTRATION OF BUSINESS NAMES REGULATIONS, 2012

REGISTRATION OF BUSINESS NAMES REGULATIONS, 2012

[Section 26]

Arrangement of Regulations

   Regulation

PART I

PRELIMINARY

   1.   Title

PART II

REGISTRATION

   2.   Application for reservation of business name

   3.   Application for registration

   4.   Certificate of registration

   5.   Rejection of application

   6.   Surrender of certificate

   7.   Transfer of certificate

   8.   Suspension or cancellation of certificate

   9.   Application for re-registration of business name

   10.   Change in particulars

   11.   Application for duplicate certificate

   12.   Notice of cessation

PART III

GENERAL PROVISIONS

   13.   Filing of annual return

   14.   Fees

   15.   Revocation of SI 100 of 1998

      FIRST SCHEDULE

      SECOND SCHEDULE

SI 3 of 2012.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Registration of Business names Regulations, 2012.

PART II
REGISTRATION

2.   Application for reservation of business name

(1)    An application for the reservation of a business name shall be made in Form I set out in the First Schedule.

(2)    A notice of reservation of business name shall be in Form II set out in the First Schedule.

3.   Application for registration

(1)    An application for registration of a business name shall be in Form III set out in the First Schedule.

(2)    A request for further particulars shall be made in Form IV set out in First Schedule.

4.   Certificate of registration

The Registrar shall, within 14 days of acceptance of an application for registration, issue a certificate of registration to the applicant in Form V set out in the First Schedule.

5.   Rejection of application

The Registrar shall, where the Registrar rejects an application for registration of a business name, inform the applicant of the rejection in Form VI set out in the First Schedule.

6.Surrender of certificate

(1)    An individual or firm shall, where the individual or firm decides not to continue operating the business to which the certificate of registration relates, surrender the certificate of registration with Form VII set out in the First Schedule.

(2)    The Registrar shall, where a certificate of registration surrendered under sub-regulation (1), cancel the certificate of registration.

7.   Transfer of certificate

An application for the transfer of a certificate of registration shall be made in Form VIII set out in the First Schedule.

8.   Suspension or cancellation of certificate

(1)    The Registrar shall, before suspending or cancelling a certificate of registration, notify the holder of the intention to suspend or cancel the certificate of registration in Form IX set out in the First Schedule.

(2)    The Registrar shall, where the Registrar suspends or cancels a certificate of registration, inform the holder in Form X set out in the First Schedule.

9.   Application for re-registration of business name

An application to re-register a business name in respect of which registration has been cancelled or suspended shall be made on Form III set out in the First Schedule.

10.   Change in particulars

An individual or firm registered under the Act shall notify the Registrar of any change in that person’s registered particulars in Form XI set out in the First Schedule.

11.   Application for duplicate certificate

An application for a duplicate certificate of registration shall be made in Form XII set out in the First Schedule.

12.   Notice of cessation

A person who wishes to cease operation of a registered business name shall file a notice of cessation with the Registrar in Form XIII set out in the First Schedule.

PART III
GENERAL PROVISIONS

13.   Filling of annual return

(1)    An individual or firm shall, not later than three months after the end of its financial year, complete and submit an annual return in Form XIV set out in the First Schedule.

(2)    An annual return submitted to the Registrar under sub-regulation (1) shall be signed–

      (a)   where the return relates to a sole trader or individual, by the sole trader or the individual; and

      (b)   where the return relates to a firm, by all the partners, nominees or trustees, as applicable.

(3)    A person who signs an annual return under paragraph (b) of sub-regulation (2) in accordance with section 8 of the Act shall lodge the return together with a statutory declaration to the effect that the person is acting as a nominee or trustee under the authority of or on behalf of a foreign company or corporation.

14.   Fees

The fees set out in the Second Schedule shall be payable respecting the matters specified therein.

15.   Revocation of SI 100 of 1998

The Registration of Business Regulations, 1998, are hereby revoked.

FIRST SCHEDULE

[Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13]

PRESCRIBED FORMS

FORM I

[Regulations 2(1)]

(To be completed in duplicate)

THE PATENTS AND COMPANIES REGISTRATION AGENCY

REGISTRATION OF BUSINESS NAMES ACT, 2011

The Registration of Business Names Regulations, 2012

APPLICATION FOR RESERVATION OF NAME

Reference No: ……………………………………..

The persons specified below, proposing to register a business name, hereby request that the name:

…………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………

be reserved by the Registrar for that purpose.

Details of applicants:

Firm name of forenames and surname

Business address

Postal address/ Electronic mail address

Signature of individual or partner(s), trustee(s) or nominee(s) in case of a firm

Date: …………………….. day of ……………………………………………………………., 20………………

FORM II

[Regulation 2(2)]

THE PATENTS AND COMPANIES REGISTRATION AGENCY

REGISTRATION OF BUSINESS NAMES ACT, 2011

The Registration of Business Names Regulations, 2012

NOTICE OF RESERVATION OF NAME

To: ……………………………………………………………………………………………………………………………………

The name ………………………………………………………………............…… (Name of applicant) is available to you for registration and is reserved for a period of 3 months from the date of this notice.

Dated this …………………………… day of …………………………………………………, 20…

…………………………………………………….

Registrar

FORM III

[Regulation 3(1) and 9]

(To be completed in duplicate)

THE PATENTS AND COMPANIES REGISTRATION AGENCY

REGISTRATION OF BUSINESS NAMES ACT, 2011

The Registration of Business Names Regulations, 2012

APPLICATION FOR REGISTRATION/RE-REGISTRATION OF BUSINESS NAME

Please complete in block letters

Shaded fields for official use only

Certificate No.
Reference No.
Date and Time

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