CHAPTER 389 - REGISTRATION OF BUSINESS NAMES ACT, 2011: SUBSIDIARY LEGISLATION
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
PART II
REGISTRATION
2. Application for reservation of business name
3. Application for registration
4. Certificate of registration
8. Suspension or cancellation of certificate
9. Application for re-registration of business name
11. Application for duplicate certificate
PART III
GENERAL PROVISIONS
15. Revocation of SI 100 of 1998
SI 3 of 2012,
SI 54 of 2014.
PART I
PRELIMINARY
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.
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.
(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.
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.
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.
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
(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.
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.
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