Section 14
of International Business Companies Order, 2000
Section 14
(1)
In any case where –
(a)
a person lodges with the Registrar an application in the prescribed form for the reservation of a name set out in the application as the name of a proposed IBC or the name to which an existing IBC proposes to change its name; and
(b)
the Registrar considers that the application is made in good faith and is satisfied that the proposed name is a name by which the proposed or existing IBC could be registered without contravention of subsections
(1)
and (2); and
(c)
the application is accompanied by the prescribed fee, the Registrar shall reserve the proposed name for a period of three months from the date on which the application is lodged.
(2)
During the period for which a name is reserved under subsection (1) no person
(other than the proposed or existing IBC in respect of which the name is reserved) shall be registered whether originally or on a change of name, under the reserved name or under any name which, in the opinion of the Registrar, so closely resembles the reserved name as to be likely to be mistaken for it.
(3)
In subsection (2) “registered” includes registered as a foreign international company converted, continued or otherwise brought under this Order or under the Companies
Act (Chapter 39) or under any other law for the time being in force or applying in Brunei
Darussalam providing for the registration of business names, including without limitation the
International Limited Partnerships Order, 2000.
(4)
The reservation of a name under subsection (1) in respect of a proposed or existing IBC does not in itself entitle the proposed or existing IBC to be registered by that name, either originally or on a change of name.
Incorporating amendments until S 53/2017
(Clean Vesion) NANI/zimah _ as of 11 February 2020
24
BLUV as at 20th June 2017
(5)
For the purposes of the administration of this Order, the name of the company as it appears in the English translation shall be the name which is registered under this Order, provided that a company may in addition but not by way of substitution employ a rendition of its name adopting an accurate translation of its name expressed in Arabic or Cyrillic script,
Chinese or Japanese characters, or other recognised national alphabet script or characters and the company shall be deemed to be also registered with the name expressed in the foreign language, alphabet, or characters.
(6)
Where it is proposed that a company name appear as permitted pursuant to subsection (5), the company shall lodge a certified translation thereof together with an application in the prescribed form with the Registrar either at the time of filing the documents provided for in section 11 or a later date, together with the prescribed fee.
(7)
For the purpose of this section, a “certified translation” means a translation into the English language certified as a correct translation by a translator acceptable to the Registrar before –
(a)
a diplomatic or consular officer of any country or territory;
(b)
a notary public, justice of the peace, solicitor, advocate or similar person of any country or territory;
(c)
a person holding an analogous position to that of the Registrar in any country or territory.
(8)
It shall be the responsibility of the IBC to facilitate the means by which the foreign name is endorsed on the certificate of incorporation, which shall bear a certificate signed by the Registrar to the effect that the foreign name so appearing has been duly approved by him.
(9)
No foreign name shall be employed without or in isolation from the registered name.
Incorporating amendments until S 53/2017
(Clean Vesion) NANI/zimah _ as of 11 February 2020
25
BLUV as at 20th June 2017
(10)
Where under this Order a company is required to lodge with the Registrar any instrument, certificate or document or a certified copy thereof and the same is not written in the English language, but is written in a foreign language, alphabet, or characters, the Registrar may at his discretion accept the same as an original document, providing it is accompanied by a certified translation thereof.
Amendment of Memorandum or Articles.