- ARRANGEMENT OF SECTIONS
- 1. Short title
- 2. Interpretation
- 3. Firms and persons to be registered
- 4. Registration by nominee, etc
- 5. Manner and particulars of registration
- 6. Statement to be signed by persons registering
- 7. Time for registration
- 8. Registration of changes in firm
- 9. Penalty for default in registration
- 10. Disability of persons in default
- 11. Penalty for false statements
- 12. Duty to furnish particulars to Registrar
- 13. Registrar to file statement and issue certificate of registration
- 14. Index to be kept
- 15. Removal of names from register
- 16. Misleading business names
- 17. Inspection of statements registered 1968-37, 1977-2
- 18. Power to make rules 1968-37
- 19. Fees Second Schedule 1968/37
- 20. Publication of true names, etc
- 21. Offences by corporations
- 22. Expenses
- FIRST SCHEDULE
- SECOND SCHEDULE
Registration of Business Names CAP. 317
CHAPTER 317
REGISTRATION OF BUSINESS NAMES
..
ARRANGEMENT OF SECTIONS
SECTION 12. Duty to furnish particulars to Registrar. ( 15. Removal of names from register. THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC4. by authority of the Government of Barbados
2
CAP. 317 Registration of Business Names
SECTION FIRST SCHEDULE
SECOND SCHEDULE
CHAPTER 317
REGISTRA'nON OF BUSINESS NAMES
An Act to provide for the registration of firms and persons
.
b· der b · d fi or rela! 'i
carrymg on usmess un us mess names an ((
matters
•
[3rd May, 1940]
1
This Act may be cited as the Registration of Business Names Act.
2. (1) For the purposes of this Act
"business" includes profession; "business name" means the name or style under which any business is carried on, whether in partnership or otherwise;
"christian name" includes any forename;
"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, but does not include any unincorporated company which was in existence on the 26th day of January 1882;
" foreign firm" means any firm, individual, or corporation whose principal place of business is situate outside the Commonwealth;
"individual" means a natural person and does not include a corporation;
"initials" includes any recognised abbreviation of a christian name;
"prescribed" means prescribed by rules made in pursuance of this Act;
11IE LAWS OF BAIlBADOS PrIIIled by the Go..flUlllal Prlrolillt Departmelll. Bay Streel, St. Mlclwl, by the ... llIorIly of tho Government of Barb.dol
1961-54.
1969-·37. 197(-2.L.N.8/
1964 L.N.168/1967.
1977/117.
J9SI/91
1988-6.
Commencement.
Short title.
InteT
pretAtion.
s.3. CAP. 317 Registration of Business Names L.R.O. 1989 4
1988-6. "Registrar" means the Registrar, Corporate Affairs and the term
Deputy Registrar shall be construed accordingly;
"showcards" means cards containing or exhibiting articles dealt with, or samples or representations thereof. Finns and 3. Subject to this Act
to
(a) every firm having a place of business in Barbados and
tered
carrying on business under a business name which does not consist of the true surnames of all partners who are individuals and the corporate names of all partners who are corporations without any addition other than the true christian names of individual partners or initials of such christian names; 5
before or after the passing of this Act changed his nam, except in the case of a woman in consequence of marnage,
shall be registered in the manner directed by this Act:
Provided that
(i) where the addition merely indicates that the business is carried on in succession to a former owner of the
I"
business, that addition shall not of itself render registration necessary;
(ii) where two or more individual partners have the same surname, the addition of an " s" at the end of that surname shall not of itself render registration necessary;
(iii) where the business is carried on by a trustee in bankruptcy or a receiver or manager appointed by any court, registration shall not be necessary; and
(iv) a purchase or acquisition of property by two or more persons as joint tenants or tenants in common is not of itself to be deemed carrying on a business whether or not the owners share any profits arising from the sale thereof.
4. Where a firm, individual or corporation having a place of business within this Island carries on the business wholly or mainly as nominee or trustee of or for another person or other persons or another corporation or acts as general agent for any foreign firm, the first mentioned firm, individual or corporation shall be registered in the manner provided by this Act and, in addition to the other particulars required to be furnished and registered, there shall be furnished and registered the particulars mentioned in the First Schedule:
Provided that where the business is carried on by a trustee
in bankruptcy or a receiver or manager appointed by any
court, registration under this section shall not be necessary.
5. (1) Every firm or person required under this Act to be registered shall furnish by sending by post or delivering to the Registrar a statement in writing in the prescribed form containing the following particulars
(a) the business name;
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC4,
by authority of the Government of Barbados
Registration by nominee, etc.
First
Schedule.
Manner and particulars of registration.
s.6 CAP. 317 Registration of Business Names 6 Statement to 6. The statement required for the purpose of registration
be signed
by persons must, in the case of an individual, be signed by him and, in the registering.
case of a corporation, by a director or secretary thereof and,
in the case of a firm, either by all the individuals who are
partners and by a director or the secretary of all corporations which are partners or by some individual who is a partner or a director or the secretary of some corporation which is a partner, and in either of the last two cases must be verified by a statutory declaration made by the signatory:
Provided that
(a) no such statutory declaration stating that any person other than the declarant is a partner or omitting to state that any person other than as aforesaid is a partner
L.R.O. 1979 Registration of Business Names CAP. 317 ss.7-9
shall be evidence for or against any such other person in respect of his liability or non-liability as a partner; and
(b) a Judge may on application of any person alleged or claiming to be a partner direct the rectification of the register and decide any question arising under this section.
Time for
7. (1) The particulars required to bt'" furnished under this
registration.
Act shall be furnished within fourteen days after the firm or person commences business, or the business in respect of which registration is required, as the case may be.
(2) This section shall apply, in the case where registration is required in consequence of a change of name, as if for references to the date of the commencement of the business there were substituted references to the date of such change.
8. Whenever a change is made or occurs in any of the Registration
of changes
particulars registered in respect of any firm or person, such in firm. firm or person shall, within fourteen days after such change or such longer period as the Registrar may, on application being made in any particular case, whether before or after the expiration of such fourteen days, allow, furnish by sending by post or delivery to the Registrar a statement in writing in the prescribed form specifying the nature and date of the change signed and where necessary verified in the manner as the statement required on registration.
9. Where any firm or person by this Act required to furnish Penalty for
default in a statement of particulars or of any change in particulars, registration. without reasonable excuse, makes default in so doing in the manner and within the time specified by this Act, every partner in the firm or the person so in defau1t shall be liable on summary conviction to a fine of fifty dollars for every day during which the 1977-2. default continues, and the court shal1 order a statement of the required particulars or change in the particulars to be furnished to the Registrar within such time as may be specified in the order.
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC4,
by authority of the Government of Barbados
s.10 CAP. 317 Registration of Business Names L.R.D. 1979
Disability
10. (1) Where any firm or person by this Act required to
of persons
in default. furnish a statement of particulars or of any change in particulars makes default in so doing, then the rights of that defaulter under or arising out of any contract made or entered into by or on behalf of such defaulter in relation to the business in respect of the carrying on of which particulars were required to be furnished at any time while he is in default shall not be enforceable by action or other legal proceeding either in the business name or otherwise. L.R.O. 1979 Registration of Business Names CAP. 317 ss.II-13
Penalty
11. Where any statement required to be furnished under
for false
this Act contains any matter which is false in any material statements. particular to the knowledge of any person signing it, that person shall, on summary conviction, be liable to imprisonment
1977-2.
for three months or to a fine of two hundred dollars, or to both such imprisonment and fine.
12. (1) The Registrar may require any person to furnish puty o to him such particulars as appear necessary to him for the piu1ars to purpose of ascertaining whether or not such person or the firm Registrar. of which such person is a partner should be registered under this Act or an alteration made in the registered particulars and may also in the case of a corporation require the secretary or any other officer of a corporation performing the duties of secretary to furnish such particulars. against any person in respect of such default prior to the
expiration of the time within which the firm or person is required by the Registrar unde.c this section to furnish parti
culars to him.
13. On receiving any statement or statutory declaration Registrar
fo file
made in pursuance of this Act, the Registrar shall cause the statement and issue
same to be filed, and he shall send by post or deliver a certificate