Section 20
Restriction on registration of companies by certain names
(1)
No company shall be registered by a name which -
(a)
is identical with that by which a company in existence is already registered under any of the provisions of this Act or so nearly resembles that name as to be calculated to deceive, except where the company in existence is in the course of being dissolved and signifies its consent in such manner as the Registrar requires;
(aa) is identical to that of any limited liability partnership;
(b)
is identical with the name of any company incorporated outside Brunei Darussalam and carrying on business within
Brunei Darussalam which has duly complied with the requirements of Part 9 or, in the opinion of the Registrar, so nearly resembles that name as to be calculated to deceive, except where the said company is about to cease carrying on business in Brunei
Darussalam and signifies its consent in such manner as the
Registrar requires;
(c)
is identical with any name registered under any written law providing for the registration of business names, or in the opinion of the Registrar, so nearly resembles that name as to be calculated to deceive:
Provided that if the Registrar is satisfied that a company is being registered for the purpose of taking over any business which is carried on under a registered business name, and will be entitled as against the proprietor of that name to use that name, he may register the company by that name;
(d)
in the opinion of the Registrar is likely to mislead the public as to the nature or the objects of the company;
(e)
contains the words "Chamber of Commerce", unless the company is a company which is to be registered under a licence
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Companies granted in pursuance of section 21 without the addition of the word "Berhad" to its name;
•
contains the words "Building Society";
(g)
in the opinion of the Registrar is undersirable; or
O is a name of a kind that the Minister has directed the
Registrar not to accept for registration.
(2)
Unless with the approval of the Registrar, no company shall be registered by a name which -
(a)
contains the words "Royal" or "Di-Raja" or, in the opinion of the Registrar suggests or is calculated to suggest the patronage of His Majesty the Sultan and Yang Di-Pertuan or connection with the Government of Brunei Darussalam or any department thereof;
(b)
in the opinion of the Registrar suggests or is calculated to suggest, connection with any municipality or other local authority;
(c)
contains the words "Co-operative";
(d)
contains the word "Brunei Darussalam";
(e)
contains the word "Savings";
contains the word "Trust" or "Trustee".
(3)
Notwithstanding anything in this section and section 22, where the Registrar is satisfied that the company has been registered
(whether through inadvertence or otherwise and whether before, on or after 3 1 st December 2010, being the date of commencement of the Companies
Act (Amendment) Order, 2010 (S 118/2010), by a name which is referred to in subsections (1) and (2), the Registrar may direct the first-mentioned company to change its name, and the company shall comply with the
Companies
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a direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow.
(4)
Any person may apply, in writing, to the Registrar to give a direction to a company under subsection (3) on a ground referred to in that subsection, but the Registrar shall not consider any application to give a direction to a company on the ground referred to in subsections ( I ) and (2)
unless the Registrar receives the application within 12 months from the date of incorporation of the company.
(5)
If the company fails to comply with subsection (I), the company and every officer is guilty of an offence and liable on conviction to a fine not exceeding $2,000 and a default fine.
(6)
(Repealed byS27/2019).
(7)
(Repealed byS27/2019).
(8)
(Repealed by S 2 7/2019).
(9)
(Repealed by S 27/2019).
(10)
(Repealed byS27/2019).