- ARRANGEMENT OF SECTIONS
- Short title
- Interpretation
- Firms and individuals carrying on business under business name to be registered
- Nominese of trustee firms, etc.
- Duties of the firms or person who are required by the Act to be registered
- The signatories of the "Statement"
- Registration
- Duties of firms or person where any change occurs in particulars
- Punishment of firm or person making default as to particulars
- Disability of defaulterto sue on his contracts
- Punishments for false statements
- Power of Registrar
- Duties of Registrar
- Index of firms and persons
- Duty of firms or person which person ceases to carry on business
- Registrar may refuse to register etc., in certain
- The Registrar and Office of Registration
- Inspection of documents filed by Registrar
- Minister may make rules concerning certain matters
- Trade catalogues and circulars, show cards and business letters
- Offending corporation
- Certificates etc., exempt from stamp duty
- Remuneration for duties performed
- SCHEDULE
THE REGISTRATION OF BUSINESS NAMES ACT
Short title. Interpretation. Firms and individuals carrying on business under business name to be registered. Nominee or Trustee firms, etc. Duties of the firms or persons who are required by this Act to be registered. The signatories of the “Statement”. Registration. Duties of firms or persons where any change occurs in parti-culars. Punishment of firm or person making default as to particulars. Disability of defaulter to sue on his contracts. Punishment for false statements. Powers of Registrar. Duties of Registrar. Duty of firm or person which ceases to carry on business. Registrar may refuse to register, etc., in certain cases. Minister may make rules concerning certain matters. Trade catalogues and circulars, show cards and business letters. me inclusion of this page is authorized by L.N.480/1973]
THE REGISTRATION OF BUSINESS cap.3380
Acb
NAMES ACT 42 of1969 3rd I&.
[Zst October, 1934.1 34of1979,
31ofI995
1. 2.41) In this Act “business” includes profession; “business name” ineans the name or style under which any business is carried on, whether in partnership or otherwise; “business by way of trade” means any business of selling by wholesale or retail goods or merchandise of any class or description whatsoever at any place, whether such business is carried on at any place exclusive of any other business or in conjunction with, or in addition to, any other business or any profession or vocation :
Provided that it shall not include-
(a) the business of buying and selling livestock; if in any such case the business is not carried on in conjunction with any other business by way of trade;
ebe&&on ofthis pageis authorized by L.N.95 / 1997
“trader” means every individual or firm carrying on
“business by way of trade” in Jamaica; “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 shall not include any unincorporated company which was in existence on the seventeenth day of June eighteen hundred and sixty-four;
“foreign firm” means any firm, individual, or corporation whose principal place of business is situated outside the Commonwealth;
“individual” means a natural person and shall not include a corporation; “initials” includes any recognized abbreviation of a Christian name; “showcards” means cards containing or exhibiting articles dealt with, or samples or representations thereof. [The inclusion of this page is authorized by L.N. 951 19971
of name which has taken place before the person whose name has been changed has attained the age of eighteen years; or in the case of a peer or a person usually known by a British title different from his surname, the adoption of or succession to the title.
3. Subject to the provisions of this Act- Firms and
(a) business
shall be registered in the manner directed by this Act: Provided that- meinclusion of this page is authorized by L.N. 480119731 Nomineeor trustee
firms,etc.
Schedule.
Dutiesofthe firmsor personswho are required
by thisAct to be
registered.
(iv) a purchase or acquisition of property by two or more persons as joint tenants or tenants in com- mon 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
place of business in Jamaica 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 manner provided by this Act, and, in addition to the other parti- culars required to be furnished and registered, there shall be furnished and registered the particulars mentioned in the 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.
5-41) Every firm or person required under this Act to be registered shall furnish by sending by post or delivering to the Registrar at the register office a statement in writing
in the prescribed form containing the following particulars : nhe inclusion of this page is authorized by L.N. 480/1973]
nationality, and if that nationality is not the nationalty of origin, the nationalty of origin, the usual residence, and the other business occupation (if any) of each of the individuals who are partners, and the corporate name and registered or principal office of every corporation which is a partner.
Where the registration to be effected is that of an individual, the present Christian name and surname, any former Christian name or surname the nationality, and if that nationality is not the nationality of origin, the nationality of origin, the usual residence, and the other business occupation (if any) of such individual.
Where the registration to be effected is that of a Corporation or includes a corporation its cor-porate name and registered office.
If the business is commenced after the 1st October 1934, the date of the commencement of the business. me inclusion of this page is authorized by L.N. 480/1973]
shall be supplied in respect of each place of
business or branch after the first or principal
place of business.
(c) The photograph to be furnished under this section shall be signed, by the individual furnishing the same, before the Registrar or a Justice or Notary Public or a Collector of Taxes or a Solicitor and shall clearly show the features of the individual to the satisfaction of the Registrar and shall be of such size and taken within such time prior to delivery to the Registrar as may be approved by the Registrar.
The 6. The statement required for the purpose of registra-
signatories
“statement”, and in the case of a corporation by a director or secretary thereof, and in the case of a trader being a firm by all the individuals who are partners, and by a director or the secretary of all corporations which are partners and in the case of a firm not being a trader either by all the individuals who are partners and by a director or the secretary of some corporation which is a partner, 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 statutory declaration made by the signatory :
Provided that no such statutory declaration stating that any person other than the declarant is a partner, or omit-ting to state that any person other than as 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 that the Supreme Court or a Judge thereof may on application of any person alleged or claiming to be a partner, direct the rectification of the register and decide any ques-tion arising under this section.
[The inclusion of this page is authorized by L.N. 480/1973]
Provided further that in any proceedings between the registered owner or owners of any business by way of trade and any person who having failed to effect registration of his interest in such business as required by this Act claims to be interested in the said business as a partner, owner or co-owner, the particulars registered in accordance with the provisions of this Act shall be conclusive evidence as between such parties of the ownership of the business unless such unregistered person shall establish to the satisfaction of the Court that the omission to register was not due to any default on his part or was occasioned by any inadvertence or mistake and in each case that there was no intention on his part to conceal his interest in the said business.
7.41) Every registration and every renewal of registra-RC~~S~W~OXI. tion, shall be effected, and shall remain valid, for a period of three years from the date of the certificate of registration, and shall thereafter in accordance with the provisions of this Act, be renewed from time to time for successive periods, each of three years’ duration, for so long as the firm or individual is required to be registered under the provisions of this Act. phe inclusion of this page is authorized by L.N.9511993
firmsor per-
sonswhere
anychange
patidam.
Puhent of 3111995
s.4.
REGISTRATION OF BUSINESS NAMES 8. Whenever a change is made or occurs in any of the particulars registered in respect of any fmn or person, and
in case of a trader a change shall include the opening of any additional or substituted place of business or branch or the closing, disposal or discontinuance of any registered place of business or branch, such firm or person shall, within fourteen days, after such change, or such longer periods as the Regis-trar 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 like manner as the statement required on registration.
9. If any firm or person by this Act required to furnish a statement of particulars or of any change in particulars shall without reasonable excuse make 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 default shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding two hundred dollars for every day during which the default continues, and in default
_____ ---
[The inclusionof this page is authorized by L.N.95/ 19971
of payment of such fine to imprisonment with or without hard labour for a term not exceeding three months; and the court shall 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.
10.-(1) Where any firm or person by this Act required Dirabilityof
defaulter to
Provided always as follows-ARRANGEMENT OF SECTIONS
10 of1975,
s.4.
any of the businesses or occupations mentioneindividuals
REGISTRATION OF BUSINESS NAMES
Every application for registration or for a renewal of registration shall be made to the Registrar in the prescribed form (which shall include the statement and particulars required by the provisions of section 5) and shall in each case be accompanied by the prescribed fee. (3) Duties of
occurs in