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
certificate of
of the registration thereof to the firm or person registering, registration. and the certificate or a certified copy thereof shall be kept exhibited in a conspicuous position at the principal place of
THE LAWS OF BARBADOS
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by authority of the Government of Barbados
ss.14-16 CAP. 317 Registration of Business Names L.R.O. 1979 10
business of the firm or individual, and if not kept so exhibited, every partner in the firm or the person, as the case may be, shall be liable on summary conviction to a fine of ninety-six dollars.
Index to be
14. The Registrar shall keep an index of all the firms and
kept.
persons registered under this Act.
Removal of
15. (1) Where any firm or individual registered under this
names from
register. Act ceases to carry on business, 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 of the individual, or, if he is dead, his personal representative, within three months after the business has ceased to be carried on, to send by post or deliver to the Registrar notice in the prescribed form that the firm or indivudual has ceased to carry on business.
Misleading
16. (I) Where any business name under which the business
business
names. of a firm or individual is carried on contains any word which, in the opinion of the Registrar, is calculated to lead to the belief that the business is under the ownership or control of Commonwealth citizens and the Registrar is satisfied that the nationality of the persons by whom the business is wholly or mainly owned or controlled is at any time such that the name is misleading, the Registrar shall refuse to register such business name or, as the case may be, remove such business name from the register.
17. (1) Subject to section 19, any person may- Inspection of
statements
18. The Judicial Advisory Council may make rules- Power to
make rules.
19. (1) There shall be payable to the Registrar in respect Fees. of the matters set out in the Second Schedule the fees specified Ie. therein in relation to those matters. 1968-37.
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 2 Serjeants' Inn, London EC4,
by authority of the Government of Barbados
ss.20-22 CAP. 317 Registration of Business Names L.R.O. 1979 12
by order amend the Second Schedule by increasing or reducing any fees specified in the Schedule.
(4) An order made under subsection (3) shall be subject to negative resolution.
Publication
20. (1) Every individual and firm required by this Act
of true names, etc. to be registered shall, in all trade catalogues, trade circulars, showcards and business letters, on or in which the business name appears and which are issued or sent by the individual or firm to any person in any part of the Commonwealth; have mentioned in legible characters-
L.N. 168/
(a) in the case of an individual, his present christian name
1967.
or the initials thereof and present surname, any former christian name or surname, his nationality if he is not a Commonwealth citizen, and if his nationality is not his nationality of origin, his nationality of origin; and
L.N.8/1964. Provided that no proceedings shall be instituted under this section except by or with the consent of the Director of Public Prosecutions.
Offences by 21. vVhere a corporation is guilty of an offence under this corporations.
Act every director, secretary and officer of the corporation who is knowingly a party to the default shall be guilty of a like offence and liable to a like penalty.
Expenses. 22. All expenses incurred in carrying out the provisions of this Act shall be paid out of moneys to be provided by Parliament.
FIRST SCHEDULE s.4.
Description of firm, etc.
Where the firm, individual or corporation required to be registered carries on business as nominee or trustee.
Where the firm, individual or corporation required to be registered carries on business as general agent for any foreign firm.
The additional Particulars
The present christian name and surname, any former name, nationality and, if that nationality is not the nationality of origin, the nationality of origin, and usual residence, or, as the case may be, the corporate name, of every person or corporation on whose behalf the business is carried on:
Provided that if the business is carried on under any trust and any of the beneficiaries are a class of children or other persons, a description of the class shall be sufficient.
The business name and address of the firm or person as agent for whom the business is carried on:
Provided that if the business is carried on as agent for three or more foreign firms it shall be sufficient to state the fact that the business is so carried on, specifying the countries in which such foreign firms carryon business.
SECOND SCHEDULE
s, 19.
Fees 5.1.1981/
91.
$ ¢
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by the .uthority of the Government of Barbados
2nd Sch. CAP. 317 Registration of Business Names L.R.O. 1985 14
3. By any firm or person furnishing a statement of any change within $ r:/ the meaning of section 8, which fee shall cover the issue of one certificate of the registration of such statement .
"
50.00
2.00
By any person requiring under section 17
,
7. By any person applying or appealing to a Judge under section 6, 10, or 16, as the case may be 20.00
.. .