World Intellectual Property Organization

Brunei Darussalam

Chapter 92 - Business Names

 

 


Business Names CAP. 92 1

B.L.R.O.1I1984

LAWS OF BRUNEI REVISED EDITION 1984

CHAPTER 92 BUSINESS NAMES

ARRANGEMENT OF SECTIONS

Section

  1. Short title
  2. Interpretation
  3. Appointment of Registrar
  4. Firms etc. to be registered
  5. Registration by nominee
  6. Statement as to certain particulars
  7. Statement to be signed by persons registering
  8. Time for registration
  9. Business name always to be used
  10. Statement as to changes in particulars
  11. Removal of name from the register
  12. Penalty for default
  13. Persons in default bringing action
  14. Penalty for false statement

L

  1. Duty to furnish particulars
  2. Register and Index
  3. Search and inspection
  4. Powers of Registrar
  5. Offences committed by corporations
  6. Service of summons
  7. Certain words and names not to be used
  8. Change of prohibited name, etc.
  9. Penalty for use of prohibited name

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.

-

Commencement: 1st March 1958

  1. This Act may be cited as the Business Names Act. Short title
  2. In this Act, unless the context otherwise requires -Interpret

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.

(2)
The Registrar shall have a seal of such design as may be approved by the Minister.
(3)
Inlpressions of such seal shall be judicially noticed and admitted in evidence.
(
4) Any act or thing directed to be done by or to the Registrar may be done by or to any officer authorised by the Minister.

Firms etc., to 4. Subject to the provisions of this Act

be registered

(a)
every firm having a place of business in Brunei and carrying on business under a business name which does not consist of
(i)
the full names of all partners who are individuals (including their given names or the initials thereof);
(ii)
the corporate names of all partners (if any) which are corporations

without any addition;

(b)
every individual having a place of business in Brunei and carrying on business under a business name which does not consist of his full names (including his given names or the initials thereof) without any addition;
(c)
every corporation having a place of business in Brunei and carrying on business under a business name which does not consist of its corporate name without any addition,

Business Names CAP. 92

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 business, that addition shall not of itself render registration necessary; and
(ii)
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 shall not be necessary; and

(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

(a)
the business name;
(b)
the general nature of the business;
(
c) the place or places of the business and the particular address or addresses at which the business is carried on, indicating, where there is more than one place of business, the principal place of business;
(d)
where the registration to be effected is that of a firm, the full names, the usual residence and the other business occupation (if any) of every individual who is a partner;
(e)
where the registration to be effected is that of an individual, the full names, the usual residence and the other business occupation (if any) of such individual;

([) 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.

(2)
If any of the persons mentioned in such statement is a minor, he shall be so described in the statement, and in addition to the other particulars required by subsection (1), the date of such person's birth shall be stated in the statement.
(3)
Where a business is carried on under two or more business names a separate statement shall be furnished in respect of each of those business names.

7. (1) The statement required for the purpose of registration must

(a)
in the case of an individual, be signed by him or his duly constituted attorney;
(b)
in the case of a corporation, be signed by a director or the secretary thereof;
(c)
in the case of a firm, be signed either by all the individuals who are partners or by their duly constituted attorneys and by a director or the secretary of all corporations which are partners or by some individual who is a partner or his attorney or a director or the secretary of some corporation which is a partner

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, In IVI I particulars

partlcu ars In respect 0 wh' h any d' 'd ua , or corporation is registered such firm, individual, or corporation shall within 14 days after such change furnish by sending by post or delivering to the Registrar a statement in writing, in the prescribed form specifying the nature and date of the change signed in like manner and verified in like circumstances as the statement required on registration.

(2) Where particulars of a change of business name or of the place or places of business are furnished as provided in this section the certificate of registration relating to the business in respect of which such particulars are furnished shall at the same time be produced to the Registrar

8.L. R. O. 111984

10 CAP. 92 Business Names

for cancellation and the Registrar shall upon registration of

the statement of change in particulars issue a certificate of

registration altered to meet the circumstances of the case:

Provided that upon proof to his satisfaction that any certificate of registration required to be produced to him under this section has been lost or destroyed the Registrar may dispense with the production of such certificate.

Removal of 11. (1) If any firm, individual, or corporation registered

name from

the register under this Act ceases to carry on business or abandons the use of the business name under which he or it is registered it shall be the duty of the persons who were partners in the firm at the time when it ceased to carry on business or abandoned the business name or of the individual or if he is dead, his legal personal representative, or of the corporation or its successor (as the case may be) within one month after the business has ceased to be carried on or the business name has been abandoned to send by post or deliver to the Registrar notice in the prescribed form that the firm or individual or corporation has ceased to carry on business or (as the case may be) that the business name has been abandoned.

Such notice shall be signed in like manner and verified in like circumstances as the statement required on registration.

(2)
On receipt of such notice the Registrar may cancel the registration of the firm or individual or corporation.
(3)
Where the Registrar has reasonable cause to believe that any firm, individual, or corporation is not carrying on business under the business name under which he or it is registered he may send to the firm, individual, or corporation by registered post a notice addressed to the firm, individual, or corporation at the address, or where there is more than one place of business, the address of the principal place of business, appearing in the registration thereof enquiring whether such firm, individual, or corporation is still carrying

Business Names CAP. 92 11

on business under such business name and notifying that, unless an answer is received to such notice within one month from the date thereof, the registration of the firm, individual, or corporation may be cancelled.

(4)
If the Registrar either receives an answer from the firm, individual or corporation to the effect that the firm, individual, or corporation is not so carrying on business or does not within one month after sending the notice receive an answer he may cancel the registration of the firm, individual, or corporation. The Registrar may on any grounds which he deems sufficient revoke or annul any such cancellation and thereupon the firm, individual, or corporation shall be deemed to have continued to be registered as if the registration had not been so cancelled.
(5)
The Registrar may cancel the registration of
(a)
any corporation registered under this Act, the name of which has been struck off the register of companies kept under the Companies Act; Cap. 93
(b)
any firm, individual, or corporation convicted of making default without reasonable excuse in sending or delivering any statement required by this Act;
(c)
any firm, the partners or any partner of which are or is, or of any individual who is, or any corporation the directors or any director of which are or is convicted of any offence against this Act; or
(d)
any firm or corporation which is dissolved or deemed to be dissolved.
(6)
Where the registration of any firm, individual, or corporation is cancelled under subsection (4), any member of the firm, or the individual or corporation may apply to

B.L.R.O.II/984

12 CAP. 92 Business Names

the High Court, and the court may, if it is satisfied that the firm, individual, or corporation was carrying on business under the business name and that it is just and equitable so to do, order that the registration of the firm, individual, or corporation be restored and thereupon the firm, individual, or corporation shall be deemed to have continued to be registered as if the registration had not been so cancelled. The court may, upon making any such order, impose such terms as to the court seems fit.

Penalty for 12. (1) If without reasonable excuse any firm, individual,

default

or corporation by this Act required to furnish a statement of particulars, or of any change in particulars, or a notice that it or he has ceased to carry on business or has abandoned a business name makes default in so doing in the manner or within the time prescribed by this Act or both

(a)
every partner in the firm, or the individual or corporation so in default shall be guilty of an offence: Penalty, a fine of $25 for every day during which the default continues; and
(b)
the court exercising jurisdiction to impose the penalty under paragraph (a) shall order a statement or a corrected statement, as the case may be, of the required particulars or change in the particulars or a notice that the firm, individual, or corporation has ceased to carry on business or has abandoned the business name to be furnished to the Registrar within such time as is specified in the order.

(2) The expression "default" within the meaning of sections 11, 12 and 13 shall include the furnishing of a statement of particulars or of any change in particulars, incorrect to the knowledge or the person signing it in some material particular.

Business Names CAP. 92

13. (1) Where any firm, individual, or corporation by this Act required to furnished a statement of particulars or of any change in particulars makes default in so doing, and during the default commences any action or suit in the business name or for a cause of action arising out of any dealing by such firm, individual, or corporation in the business name'the court in which the proceedings are taken shall, on the default being proved to its satisfaction, order the firm, individual, or corporation in default to furnish to the Registrar the proper statement, and may stay all proceedings in the action or suit until the order be complied with, or allow proceedings to be continued on an undertaking to comply with the order within a time to be limited by the court.

(2) If any firm, individual, or corporation, required to be registered as provided in this Act shall fail to register accordingly, all proceedings in any court of competent jurisdiction may be taken and prosecuted against such firm, individual, or corporation in the name under which such firm, individual, or corporation is carrying on business and such name shall, for the purposes of such proceedings be a sufficient designation of such firm, individual, or corporation in all courts, summonses, plaints and other legal documents and instruments.

Any judgment obtained or order made in such proceedings may be enforced against the firm or any member thereof or the individual or corporation.

(3) Nothing in this section shall be construed to exempt any firm, individual, or corporation from compliance with any provision of this Act.

14. If any statement or notice required to be furnished under this Act contains any matter which is false in any material particular to the knowledge of any person signing it that person shall be guilty of an offence: Penalty, a fine of $2,000 or imprisonment for 12 months, and any person

Persons in default bringing action

Penalty for false statement

8, L.R.O.1/1984

14 CAP. 92 Business Names

knowingly authorising or permitting the commission of the offence shall be liable to the like punishment.

Duty to fur-15. (1) The Registrar may

-

nish particulars

(a)
require any person to furnish to the Registrar such particulars as appear necessary to him for the purposes of ascertaining whether or not such person or the firm of which he is a partner should be registered under this Act or an alteration made in the registered particulars; and
(b)
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.
(2)
If any person, secretary, or officer when so required fails to furnish such particulars as it is in his power to give, or furnishes particulars which are false in any material particular, he shall be guilty of an offence: Penalty, imprisonment for 3 months and a fine of $800.
(3)
If from any information so furnished, it appears to the Registrar that any firm, individual, or corporation ought to be registered under this Act, or an alteration ought to be made in the registered particulars the Registrar may require the firm, individual, or corporation to furnish to the Registrar the required particulars within such time as he allows, but where any default under this Act has been discovered from the information acquired under this section no proceedings under this Act shall be taken against any person in respect of such default prior to the expiration of the time within which the firm, individual, or corporation is required under this section to furnish particulars to the Registrar.

Register and 16. (1) The Registrar shall keep a register and index of Index

the business names of all firms, individuals, or corporations

Business Names CAP. 92 15

registered under this Act, and of all statements furnished in reference thereto.

(2)
On receiving any statement furnished pursuant to section 6 the Registrar shall cause the business name of the firm, individual or corporation on whose behalf the statement was furnished to be entered in the register; and upon such entry being nlade the firm, individual, or corporation shall be deemed to be registered.
(3)
The Registrar shall upon registration send by post or deliver a certificate thereof to the firm, individual, or corporation registering.
The certificate shall be in or to the effect of the form prescribed.
(4)
The Registrar may at any time upon proof to his satisfaction that any certificate issued in pursuance of subsection (3) or of subsection (2) of section 10 has been lost or destroyed issue a duplicate of such certificate upon payment of a fee of $5.
(5)
A certificate of the registration of the firm, individual, or corporation shall be kept exhibited in a conspicuous position at the principal place of business of such firm, individual, or corporation, and, if not kept so exhibited, every partner of the firm, or the individual or corporation (as the case may be) shall be guilty of an offence: Penalty, a fine of $500.

17. (1) Any person on payment of the prescribed fee may nlake a search in the register and index kept in pursuance of this Act, or may inspect or make extracts from or a copy of the statements furnished in pursuance of this Act.

(2) Any person on payment of the prescribed fee may require a certificate of the registration or nonregistration under a particular business name of any firm,

Certificate of registration

Certificate to be exhibited

Search and inspection

Certificate of registration, etc.

B.L.R.O. 111984

individual, or corporation to be furnished or a copy of or extract from any statement furnished in pursuance of this Act to be certified by the Registrar.

Evidence of (3) The register or a certificate of registration, or a registration

copy of or an extract from any statement furnished in pursuance of this Act purporting to be signed and certified by the Registrar, shall in all courts, and before all persons having authority to hear, receive and examine evidence, until the contrary is proved, be evidence of the matter contained therein and of the fact and date of registration as shown thereon.

(4) A certificate purporting to be signed by the Registrar, that a firm, individual, or corporation was not, on any date, or during any period, registered under the business name specified in the certificate, shall likewise until the contrary is proved, be evidence according to its tenor, that the firm, individual, or corporation was not so registered.

Powers of 18. (1) (a) The Registrar may, on such evidence as to

Registrar

him appears sufficient, correct errors in any register, index or certificate:

Provided that in the correction of any such error he shall not erase or render illegible the original words and shall affix the date upon which such correction was made with his initials.

(b)
Every registration so corrected shall have the like validity and effect as if such error had not been made.
(2)
The Registrar may, where an error in the register is corrected or the registration of any firm, individuaL or corporation is cancelled, by notice under his hand, require the members of such firm, or such individual or corporation as the case may be, to deliver up the certificate of registration to be corrected or cancelled, as the case may be.

Business Names CAP. 92

Any person who without reasonable excuse neglects or fails to deliver up any such certificate to the Registrar within the period specified in the notice shall be guilty of an offence: Penalty, a fine of $250.

  1. Where an offence against this Act committed by a corporation is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary, or other officer of the corporation, he, as well as the corporation, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly.
  2. Service at the address or, where there is more than one place of business, at the address of the principal place of business shown in the statement furnished in pursuance of this Act, as the address or the address of the principal place of business, as the case may be, at which any firm, individual, or corporation registered under this Act is carrying on business of any comn1unication or notice or of any writ, summons, plaint, pleading, order or other document, proceeding, or process whatsoever in any action, suit, proceeding, or matter, either by leaving the same at such office or by sending the same by registered post postage prepaid addressed to such firm, individual, or corporation at such address shall be deemed to be service upon any partner of the firn1 or upon the individual or corporation, as the case may be.
  3. (1) No person or firm not incorporated shall assume or use or continue to assume or use, nor shall any firm, individual, or corporation required to register under this Act be so registered under a business name which

(a) is identical with the business name of a firm, individual, or corporation already registered under this Act, or so nearly resembling any such name as to be calculated to deceive, except where the firm, individual, or corporation already so registered is about to cease carrying on business and signifies its

Offences committed by corporations

Service of

summons

Certain words and names not to be used

R.L.R.O.1I1984

Names of foreign companies Cap_ 93

Names of companies

Cap_ 93

or his consent in such manner as the Registrar

-

requires:

Provided that when, in the opinion of the Registrar, owing to the nature of the business and the locality in which the same is carried on, the public are not likely to be misled, he may in his discretion register a firm, individual, or corporation using a business name identical with or similar to one already in use, but shall not so register any firm, individual, or corporation where such registration would result in two or more businesses being carried on in the same locality under the same name

(b)
is identical with the name by which a company in existence is already registered under the Companies Act, for the time being in force, or so nearly resembles any such name as to be calculated to deceive, or containing any words or combination of letters which are or is identical with the words or initial letters of the name by which a company in existence is already registered as aforesaid, or any words so nearly resembling the words or any of the words of any such name as to be calculated to deceive, except where the company in existence is in the course of being dissolved and signifies its consent in such manner as the Registrar requires;
(c)
is identical with the name of any company incorporated outside Brunei, and carrying on business within Brunei, and which has duly complied with the requirements of Part IX of the Companies Act or any act replacing that Part, or so nearly resembling that name as to be calculated to deceive except where the said company is about to cease carrying on business in Brunei, and signifies its consent in such manner as the Registrar requires;

Business Names CAP. 92 19

(d) in the opinion of the Registrar is likely to mislead the public as to the identity of any firm, individual, or corporation required to register or as to the nature of its or his business.

(2) Except with the consent of His Majesty no person or firm not incorporated shall assume or use or continue to assume or use, nor shall any firm, individual, or corporation required to register under this Act be so registered under a business name which

(a)
contains the words "Royal" or "Di-raja" or in the opinion of the Registrar suggests or is calculated to suggest, the patronage of His Majesty or connection with the Government of Brunei or any department thereof;
(b)
in the opinion of the Registrar suggests, or is calculated to suggest, connection with any municipality or other local authority;
(
c) contains the word "Co-operative";
(d)
contains the word "Brunei";
(e)
contains the word "Savings"; or
(3)
No firm or individual shall assume or use or Word

(/) contains the words "Trust" or "Trustee".

"Berhad"

continue to assume or use -etc.

(a) any business name of which the final word is the word "Berhad" or any combination of letters

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20 CAP. 92 Business Names

Change of prohibited name, etc.

Duty of Registrar

Duty of firms etc., to take necessary steps to change name in such cases

being or capable of being understood to be an abbreviation or translation of the word "Berhad"; or

(b) any business name which includes any word or words or combination of letters suggesting or being likely to suggest that such firm or individual has corporate status.

22. (1) Any firm, individual, or corporation who or which through inadvertence or otherwise is registered under any business name prohibited or containing any word or words or combination of letters prohibited by this Act

(a)
shall on the request in writing of the Registrar change his or its business name; and
(b)
shall comply with the provisions of this Act relating to the change of particulars registered in respect of firms, individuals, or corporations, so far as such provisions are applicable.
(2)
The Registrar shall enter the new business name in the registrar in place of the former name and upon payment of the prescribed fees issue a certificate of registration altered to meet the circumstances of the case.
(3)
If any such firm, individual, or corporation registered under any business name prohibited or containing any word or words or combination of letters prohibited as aforesaid, neglects or refuses to take forthwith all necessary steps to change his or its business name after being required by the Registrar by notice in writing to change the same 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 fine of $25 for every day such offence continues.
(4)
Nothing in this section shall affect any liability Saving incurred by any firm, individual, or corporation, under this or any other written law.

Business Names CAP. 92

23. (1) If any firm, individual, or corporation assumes or Penalty for use of prohi

uses or continues to assume or use a business name prohibited name

bited or containing any word or words or combination of

letters prohibited by this Act, every such individual or cor

poration and every member of such firm shall, notwith

standing that he, it or they may have applied for and been

refused registration under the Act under such business

name, be guilty of an offence: Penalty, a fine of $250 and in

the case of a continuing offence a fine of $25 for every day

such offence continues.

(2) Nothing in this section shall affect any liability Saving incurred by any firm, individual, or corporation, under this or any other written law.

24. (1) His Majesty in Council may make regulations Regulations prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed to carry this Act into effect, or to give effect to any power, function, duty or authority under this Act, and without limiting the generality of the power conferred by this section the regulations may prescribe

(a)
the fees to be paid to the Registrar under this Act;
(b)
the forms to be used under this Act;
(c)
the duties of the Registrar for the purposes of this Act;
(d)
generally the conduct and regulation of registration under this Act.

B.L.R.O.1I1984

(2) Any such regulation shall be published in the Gazette and shall have the same form as if enacted in this Act.

Business Names CAP. 92 23

[Subsidiary]

SUBSIDIARY LEGISLATION

Regulations under section 24

BUSINESS NAMES REGULATIONS S.4ISH S.HIISS

Commencement: 1st March 1958

  1. These regulations may be cited as the Business Names Regula-Citation tions
  2. In these regulations Interpretation

"the Registrar" means the person appointed as Registrar under section 3 of the Act.

3. The following additional particulars shall be furnished upon the Additional registration of a firm, individual, or corporation within the provisions of

b:?o

section 5 of the Act -under section 5

(a)
the full names of the individual or of each partner in the firm, or the name of the corporation on whose behalf the business is carried on;
(b)
the usual residence of the individual or of each partner in the firm or the registered office of the corporation;
(c)
the business name and address of the foreign firm as general agent for which the business is carried on.

4. The signatures of all persons signing a statement or notice for Attestation of signatures

registration under the Act shall, if made in Brunei, be attested by the Registrar or by a magistrate; if made elsewhere, by a Brunei Consul exercising his function in that place, a Justice of the Peace, a Commissioner for taking affidavits, a notary public, or any person authorised by the law of that place to administer an oath.

  1. The register directed to be kept under the Act may be kept in a Register book whether loose-leaf or otherwise, or in any system of card record which the Registrar may deem appropriate.
  2. (1) The forms set out in the First Schedule hereto, or forms to Forms the like effect, shall be the forms to be used for the several purposes for which the same are appropriate.

B. L. R. O. Ji/98.J

24 CAP. 92 Business Names

[Subsidiary]

(2) The Registrar may, of his own motion, add to any form prescribed by these regulations such notes and directions as he may think fit for the guidance of persons using such forms, and in particular for directing attention to such provisions of the Act as affect the subject matter of such forms respectively.

Fees 7. The fees set out in the Second Schedule hereto shall be paid to the Registrar for the several matters referred to in such Schedule.

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Business Names CAP. 92

[Subsidiary]

FIRST SCHEDULE
(Regulation 6 (1»
FORM I
BUSINESS NAMES ACT (CAP. 92)
(Section 6)

Registration of a Firm, Individual, or Corporation carrying on business under a
Business Name

Business Name ........................................................................................ .

General Nature of Business ........................................................................ .

particular address or addresses at which

the business is carried on, (indicating the

principal place of business, if more than

one).

................................................... .

. ....

.......................................

.

...... .

Date of commencement ............................................................................. . Full name and other particulars of the individual, or of each individual and of every corporation carrying on the business.

Full names of the individuals and names of corporations.

Usual residences of the individuals

Other business occupation (if

or the registered offices in Brunei, of

any) of the individuals.

the corporations.

Signed at ....................... on the ............. day of ...................... , 19 ......... ..

.

(Usual signature)

Before me ....................................... .
Signed at ....................... on the............. day of .. .... .............. , 19 .......... .

..

.

(Usual signature)

Before me ....................................... . . a Director

SIgned by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of ............................... .

the Secretary

. ..

......

.......... ........ .. . Company Berhad, on the .......... day of . ............ , 19 ......... . (Usual signature)

Before me ............... ... . ................

....

B.L.R. O. 111984

CAP. 92 Business Names

[Subsidiary]

FORMII

BUSINESS NAMES AC T (CAP. 92)

(Section 5)

Statement of additional particulars to be furnished on the registration of a firm, individual, or corporation having a place of business within Brunei and carrying on business wholly or mainly as attorney, nominee or trustee of or for another firm, individual, or corporation or acting as general agent for any foreign firm.

(Business name ............... . .. ..... .. ... ................ ... .. .. ... ................ . . .. . ............ )

Full names of the individual or of each partner of the firm, or the name of the corporation on whose behalf business is carried on. Usual residence of the individual or of each partner in the firm, or the registered office of the corporation.
Business name of the foreign firm as general agent for whom the business is carried on. Address of such foreign firm.

Signed at ....................... on the............. day of. ...................... , 19 .......... .

(Usual signature) Before me .................... ... ................ . Signed at ....................... on the............. day of. ................ ...... , 19 .......... .

(Usual signature) Before me ....................................... .

a Director of ............................... .

S·Igned by .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary

..................... Company Berhad, on the .......... day of ..................... , 19 ......... .

(Usual signature)

Before me ................ . .... ... ............... .

[Subsidiary]

FORM III
BUSINESS NAMES ACT (CAP. 92)
(Section 10)
STATEMENT OF CHANGE IN REGISTERED PARTICULARS

ITEMS 1 TO 8 SHOULD BE COMPLETED ONLY WHERE A CHANGE AS INDICATED HAS TAKEN PLACE; IF INSUFFICIENT SPACE IS AVAILABLE AN ANNEXURE SHOULD BE USED.

This statement should be posted or delivered to the Registrar, accompanied by the prescribed fee as shown below, within 14 days of the date of the change.

THE FOLLOWING IS A STATEMENT OF THE CHANGE/S IN THE PARTICULARS REGISTERED IN RESPECT OF ..............................................

.

(Business name of the individual, firm or corporation as already registered)

CARRIED ON AT ..... ............................................................................. .

(Place or places of business)

1. THE BUSINESS NAME HAS BEEN CHANGED TO .............................

..

Date of change ............................................

.

The certificate of registration should be produced.

FEE.-$10 if furnished within 14 days of the change, or $20 if furnished after that period. If any other change/s took place at the same time, a total of $25 if furnished within 14 days of the change, or $50 if furnished after that period

2. THE GENERAL NATURE OF THE BUSINESS HAS BEEN CHANGED

TO ........................................... .................................... ......................... .

Date of change ............................................ FEE:-$S

.

3. (a) THE BUSINESS ADDRESS HAS BEEN CHANGED TO

Date of change ............................................

.

B.L.R.O.1I1984

28 CAP. 92 Business Names

[Subsidiary]

(b) THE BUSINESS IS BEING CARRIED ON AT THE ADDITIONAL

ADDRESS .................................................................................. .

Date of change ............... '............................. .

(c) THE FOLLOWING BUSINESS ADDRESSES HAS BEEN ABANDONED ................. ... ... .. ....... ..... ... .. ............. ... .. ..... .. .. .. ... .. .

Date of abandonment ... . .... ........................... .

(d) THE PRINCIPAL PLACE OF BUSINESS HAS BEEN CHANGED TO

Date of change ............................................ . FEE :-$5

4. OWNERSHIP OF THE BUSINESS HAS BEEN TRANSFERRED TO

If any person is a minor the date of his birth should be given.

AND/OR

Name of Corporation

Registered Office in Brunei

Date of transfer .. .. .. .. .. .. ..... .. ....... .. ............ ... .

FEE.-$10 if furnished within 14 days of the date of transfer, or $20 if furnished after that period

5. (a) THE FOLLOWING PERSONS OR CORPORATIONS HAVE RETIRED FROM THE BUSINESS

Full Names

Name of Corporation

Date of retirement ......... .. .. .. ....... .. .. .. . ......... . .

LAWS OF BRUNEI Business Names CAP. 92

29

[Subsidiary]

(b) THE FOLLOWING PERSONS HAVE BEEN ADMITTED AS PARTNERS

Registered Office in Brunei

Name of Corporation

Date of admission .. ................ ...................... .

FEE.-$10 if furnished within 14 days of the date of the retirement and/or admission, or $20 if furnished after that period

6. THE RESIDENTIAL ADDRESS (IN CASE OF A CORPORATION, THE REGISTERED OFFICE IN BRUNEI) OF .... .... .... . .............. ..... ............. .. HAS BEEN CHANGED TO

(full name of proprietor or partner)

Date of change ............................................ . FEE:-$5

7. THE NAME OF ........................................... HAS BEEN CHANGED TO

(full name of proprietor or partner)

Date of change ....................... ...... . ..... .... ..... . FEE:-$5
THE OCCUPATION OF ............... ................ HAS BEEN CHANGED TO

(full name of proprietor and partner)

Date of change ........................ .................... . FEE:-$5

B.L.R.O.1I1984

30 CAP. 92 Business Names

[Subsidiary]

IMPORTANT

1. THIS STATEMENT SHOULD BE SIGNED BY ALL RETIRING, CON TINUING AND NEW PARTNERS AND BY A DIRECTOR OR THE SECRETARY OF EACH CORPORATION WHICH IS A PARTNER, OR IN THE CASE OF A CHANGE OF OWNERSHIP BY ALL THE FORMER AND NEW OWNERS:

OR

BY ANY ONE CONTINUING OR NEW PARTNER, DIRECTOR OR SECRETARY, OR NEW OWNER, PROVIDED THAT SUCH PERSON ALSO MAKES THE STATUTORY DECLARATION HEREUNDER.

2. IF ANY SIGNATURE IS BY AN ATTORNEY THE POWER OF ATTORNEY SHOULD BE PRODUCED.

Signed at .................................... on the ......................................... day of

.. ..... ........................................ , 19 .......

(Usual Signature)

*

Before me ...................................... .

............................................... , 19 ...... .

Signed at .................................... on the ......................................... day of

19 .......

(Usual Signature)

*

Before me ...................................... .
Signed at ..... .. . ..... .. . . . . . ... . ... .. . .... . . on the ......................................... day of

.. .. .. .. .. .. .. .. .. .. .. .. .. .. ........................................... .................... , 19 .......

-

(Usual Signature)

*

Before me ...................................... . . a Director

SIgned by ..............................................................................

the Secretary of ............................................................................... Company Berhad on

the ......................................... day of ....................................... , 19 ...... .

(Usual Signature)

*

Before me ...................................... .

* If signed in Brunei the witness must be the Registrar or a magistrate; if signed elsewhere, a Brunei Consul exercising his function in that place, a Justice of the Peace, a Commissioner for taking affidavits, a Notary Public, or any persons authorised by the law of that place to administer an oath.

Business Names CAP. 92

[Subsidiary]

STATUTORY DECLARATION

.............

I, . ..... ... ..... ..... ....... ... ........ . of .................................................. . do hereby solemnly and sincerely declare that all the particulars contained in this

Statement, signed by me on the ................................................................day

of ............................................ , 19 ........ , are true.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the tStatutory Declarations Act (Chapter 12).

Subscribed and solemnly declared by the above-named ................................ . in Brunei this .....................................

.

day of ............ .. ......... ......... , 19 .......

..

Before me ......................................... . Magistrate

t If made elsewhere than in Brunei, the declaration should be made according to the law of that place and the form suitably amended.

B. L.R. 0.1//984

CAP. 92 Business Names

[Subsidiary]
Statement No ..........................................................................................

.

Packet No............................................................................................... .

BUSINESS NAMES ACT

CHANGE IN REGISTERED PARTICULARS

Filed in the Office of the Registrar General of Brunei the ...................................

. .... . ... ..... .. .. .... .. . .... . . . . . . . . , . . ... ... .. .. .. . . .. day of .............. ............. ... , 19 ...... .

REGISTRAR Presented for filing by ................................................................................ .

Business Names CAP. 92 33

[Subsidiary]

FORM IV
BUSINESS NAMES ACT (CAP. 92)
(Section 11)
Notice of Cessation of Business or Abandonment of the use

of a Business Name

Notice is hereby given that the firm, individual, or corporation registered under the

business name of

............................................................... ....................... .

*has ceased to carry on business *has abandoned the use of such business name

Signed at ... ......... ....... .... on the ............. day of . ., 19 ..........

..................... .

(U sual signature) Before me .......................................

.

Signed at ....................... on the. ....... ..... day of . . , 19 ..........

................. .... .

(Usual signature) Before me .......................................

.

. a Director of ...............................

Signed by ......................................... .

the Secretary Company Berhad, on the .......... day of ....... .... .. , 19 ...... .

.......

(U sual signature) Before me .......................................

.

*Strike out inappropriate clause.

B.L.R.O.1I198

BBt

34 CAP. 92 Business Names

[Subsidiary]

FORM V

BRUNEI

BUSINESS NAMES ACT (CAP. 92)

(Section 16)

Certificate of Registration

I hereby certify that registration pursuant to the Business Names Act (Chapter 92) has been effected in respect of a business carried on at (place of business) .............. .

............................... .... ....... ..... ..... .......... ..... ............. .................... under

the business name of ................................................................................. .

Given under my hand this .......... day of ........................................................ .
one thousand nine hundred and ........................................... .

Registrar

Business Names CAP. 92

SECOND SCHEDULE (Regulation 7)

(a)
Upon furnishing a statement pursuant to section 6 of the Act
(i)
in the case of a statement furnished by or on behalf of a firm, individual, or corporation who or which has been carrying on business before the commencement of the Act

if furnished within the time prescribed by

the proviso to subsection (1) of section 8 of

the Act .............................................. .

if furnished after that time ...................... .

(ii) in the case of a statement furnished by or on behalf of a firm, individual, or corporation who or which commences business after the commencement of the Act

if furnished before the business is co m

menced .............................................. . if furnished after the commencement of the business ............................................. .

(b)
Upon furnishing a statement of change of particulars pursuant to section 10 of the Act
(i)
in respect of the business name or the proprietorship of the business carried on thereunder

if furnished within 14 days of the change ..... if furnished after the expiration of that period ................................................ .

(ii) in respect of change of business name and any other changes which took place at the same time

if furnished within 14 days of the change ..... if furnished after the expiration of that period ................................................ .

(iii) relating to any other registered particular ........ .

(c) Upon furnishing a statement of change of particulars pursuant to section 22 of the Act ........................... .

[Subsidiary]

25 00
50 00
25 00
50 00
10 00
20 00
25 00
50 00
5 00
5 00

B.L.R.O. 1/1984

[Subsidiary]

(d)
Upon filing any statutory declaration (other than by way of verification of a statement lodged in pursuance of the Act) ....................................................... .
(e)
Upon production of any power of attorney .............. .
(f)
For search in the register and index (when no other fee is at the same time paid) ................................. .
(g)
For inspecting or making extracts from, or a copy of any statement furnished in pursuance of the Act ....... .
(h)
For certified copy of, or extract from, any statement furnished in pursuance of the Act not exceeding 10 folios ......................... ..................................... . for each additional folio ...................................... .
(i)
For certificate of registration, or non-registration under section 17 (2) of the Act ............................. .
(j)
Upon every inquiry by letter in reference to any registration under the Act, including any necessary search ............................................................

.

(k)
For certificate of registration altered to meet the circumstances of the case under section 22 (2) of the Act ................................................................ .
(I)
For a search as to whether a name proposed to be

adopted as a business name is available for each name .. .......... .......................... .

25 00
5 00
2 50
2 50
25 00
2 50
25 00
5 00
5 00
5 00

 

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