Section 12
Section 12
(1)
If without reasonable excuse any firm, individual, 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 state-ment 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 busi-ness 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 Reg-istrar 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 juris-diction may be taken and prosecuted against such firm, indi-vidual, 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 suf-ficient 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 proceed-ings may be enforced against the firm or any member there-of or the individual or corporation.
(3)
Nothing in this section shall be construed to ex-empt any firm, individual, or corporation from compliance with any provision of this Act.