Section 21
Section 21
(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 17
Offences committed by corporations
Service of summons
Certain words and names not to be used
R.L.R.O. 111984
18
Names of foreign com-panies
Cap. 93
Names of companies
Cap. 93
Business Names or his consent in such manner as the Registrar requires:
Provided that when, in the opinion of the Reg-istrar, 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 car-ried on in the same locality under the same name~
(b)
is identical with the name by which a com-pany 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 combina-tion 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 com-pany in existence is in the course of being dissolved and signifies its consent in such manner as the Reg-istrar requires;
(c)
is identical with the name of any company incorporated outside Brunei, and carrying on busi-ness 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 de-ceive except where the said company is about to cease carrying on business in Brunei, and signifies its consent in such manner as the Registrar re-quires;
-
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 per-son or firm not incorporated shall assume or use or continue to assume or use, nor shall any firm, individual, or corpora-tion 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 calcu-lated 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 munici-pality or other local authority;
(c)
contains the word "Co-operative";
(d)
contains the word "Brunei";
(e)
contains the word "Savings"; or
(f)
contains the words "Trust" or "Trustee".
(3)
No firm or individual shall assume or use or continue to assume or use-
(a)
any business name of which the final word is the word "Berhad" or any combination of letters
Word
"Berhad"
etc.
20
Change of prohibited name, etc.
Duty of Reg-istrar
Duty of firms etc., to take necessary steps to change name in such cases l.,A WS OF BRUNEI
Business Names 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.