Section 11
Section 11
(1)
If any firm, individual, or corporation registered 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 corpora-tion 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 indi-vidual or corporation has ceased to carry on business or (as the case may be) that the business name has been aban-doned.
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 can-cel the registration of the firm or individual or corporation.
(3)
Where the Registrar has reasonable cause to be-lieve 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 corpora-tion by registered post a notice addressed to the firm, indi-vidual, 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 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, indi-vidual, 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 busi-ness 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 corpora-tion 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 con-victed of making default without reasonable excuse in sending or delivering any statement re-quired 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 11
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Penalty for default
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.