- CHAPTER 92
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- Regulations under section 24
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- FIRST SCHEDULE
- SECOND SCHEDULE
Business Names CAP. 92 1
B.L.R.O.1I1984
LAWS OF BRUNEI REVISED EDITION 1984
CHAPTER 92 BUSINESS NAMES
ARRANGEMENT OF SECTIONS
Section L Business Names CAP. 92
BUSINESS NAMES ACT
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An Act to provide for the registration of firms, individuals, 2 of 1958
S.99/59
and corporations carrying on business under business names, and as to the names, styles, titles or designations under which businesses are carried on; and for purposes connected therewith.
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Commencement: 1st March 1958 ation
"business" includes trade and profession;
"business name" means the name, style, title or
designation under which any business is carried on
whether in partnership or otherwise;
"firm" means an unincorporated body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who or which have entered into partnership with one another;
"individual" means a natural person and does not include a corporation;
"prescribed" means prescribed by the regulations;
"the register" means the register directed to be kept in pursuance of section 16;
"Registrar" means the Registrar of Business Names appointed under section 3;
"regulations" means regulations made under this Act.
B. L.R.O. 1I1984
Appointment 3. (1) His Majesty the Sultan and Yang Di-Pertuan
of Registrar
shall appoint a fit and proper person to be the Registrar of Business Names under and for the purposes of this Act. Firms etc., to 4. Subject to the provisions of this Act
be registered without any addition; Business Names CAP. 92
shall be registered in the manner directed by this Act;
Provided that (iii) a purchase or acquisition of property by two or more persons jointly is not of itself to be deemed carrying on business whether or not the owners share any profits arising from the sale thereof.
illustration
(1) AHMAD bin BAKAR, MOHAMED bin DAUD and ALl
bin Y ASSIN are partners in a coffee shop business.
(2) If they trade as "AHMAD and COMPANY"
they MUST
register that business name under the Act.
(3) If they trade as "AHMAD, MOHAMED and ALl" they
MUST register, as these are not their full names.
(4) If they trade as "AHMAD bin BAKAR, MOHAMED bin
DAUD and ALl bin Y ASSIN" they NEE D NOT register under the
Act.
5. Where a firm, individual, or corporation having a Registr.ation place of business within Brunei carries on business wholly or ofnommee mainly as attorney, nominee, or trustee of or for another firm, individual, or 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.
B. L.R.O. 111984
CAP. 92 Business Names
Statement as to certain particulars
The regulations may require that additional particulars shall be furnished and registered in all or any of such case:
Provided that where the business is carried on by an official receiver or a trustee in bankruptcy, or a receiver, manager, or other person appointed by any court to carry on the business, registration under this Act shall not be necessary.
6. (1) Every firm, individual, or corporation required under this Act to be registered shall furnish by sending by post or delivery to the Registrar a statement in writing, in or to the effect of the prescribed form, containing the following particulars ([) where the registration to be effected is that of a corporation, its corporate name and registered office in Brunei;
Business Names CAP. 92
(g) if the business is commenced after the commencement of this Act, the date of commencement of the business. 7. (1) The statement required for the purpose of registration must and in either of the last two cases mentioned in paragraph (c) must be verified by a statutory declaration made by the signatory:
Provided that
(i) no such statutory declaration stating that any person other than the declarant is a partner or
Minors
Where more than one business name
Statement to be signed by persons registering
B.L.R.O.1I1984
CAP. 92 Business Names
Cap. 93
Time for registration
omitting to state that any person other than aforesaid is a partner shall be evidence for or against any such other person in respect of his liability or non-liability as a partner and
(ii) the High Court or a judge thereof may, on application of any person alleged or claiming to be or not to be a partner, as the case may be, direct the rectification of the register directed to be kept in pursuance of section 16, and decide any question arising under this section; and
(iii) in the case of a corporation incorporated outside Brunei and carrying on business in Brunei which has complied with the provisions of Part IX of the Companies Act, the statement must be signed for and on behalf of such corporation by the person authorised, under the provisions of section 229 (c) of that Act, to accept, on behalf of the corporation, service of process and any notices required to be served on the corporation.
(2) The prescribed fee shall be paid to the Registrar on furnishing any statement or statutory declaration under this Act.
8. (1) The particulars required to be furnished under this Act shall be furnished before the firm, individual, or corporation commences business or the business in respect of which registration is required, as the case may be:
Provided that, in the case of any firm, individual, or corporation who or which has been carrying on business before the commencement of this Act and continues so to do after such commencement, registration shall be effected under the Act within 30 days of such commencement.
Business Names CAP. 92
(2) If such firm, individual, or corporation carries on business without such registration being effected the firm, individual, or corporation required to register as provided in this Act shall, without affecting any liability imposed under the Act, be under a continuing obligation so to register, and notwithstanding anything to the contrary in any written law, may be proceeded against in respect of any default accordingly,
Business name always
9. (1) The business name under which any firm, indi
vidual, or corporation is registered under this Act shall be
to be used
used in all matters connected with or relating to the business carried on by such firm, individual, or corporation and shall be painted or affixed on the outside of every office or place in which the business is carried on in a conspicious position in letters easily legible,
(2) If any firm, individual, or corporation fails to comply with this section every such individual or corporation and every member of such firm shall be guilty of an offence: Penalty, a fine of $250 and in the case of a continuing offence a further fine of not more than $25 for every day such offence continues,
Statement s . to changes m
10. Whenever a change is made or occurs in any of the
'I ' f IC firm,