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Registration of Business Names Act 7 of 2008

The Registration of Business Names Act, 2008 establishes the framework for registering business names in Southern Sudan, including provisions for individuals, firms, and corporations. It outlines the roles of the Registrar and the registration process, including penalties for non-compliance and false statements. The Act aims to ensure proper identification and regulation of businesses operating under various names within the region.

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0% found this document useful (0 votes)
27 views22 pages

Registration of Business Names Act 7 of 2008

The Registration of Business Names Act, 2008 establishes the framework for registering business names in Southern Sudan, including provisions for individuals, firms, and corporations. It outlines the roles of the Registrar and the registration process, including penalties for non-compliance and false statements. The Act aims to ensure proper identification and regulation of businesses operating under various names within the region.

Uploaded by

MORO YODI
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ACTS

SUPPLEMENT No. 1 10th February, 2009.


ACTS SUPPLEMENT
to The Southern Sudan Gazette No. 1 Volume I dated 10th February, 2009.
Printed by Ministry of Legal Affairs and Constitutional Development, by Order of the Government.

Act 7 Registration of Business Names Act 2008


THE REGISTRATION OF BUSINESS NAMES ACT, 2008

ARRANGEMENT OF SECTIONS

Section.

CHAPTER I
PRELIMINARY PROVISIONS

1. Title and Commencement.


2. Repeal and Saving.
3. Purpose.
4. Authority and Application.
5. Interpretations.

CHAPTER II
REGISTRAR, REGISTER AND OFFICE OF REGISTRAR

6. Registrar, Deputy Registrar and Assistant Registrars.


7. Office of the Registrar.

CHAPTER III
REGISTRATION

8. Individuals, Firms and Corporation to be Registered.


9. Registration by Nominee, etc.
10. Reservation of Business Name.
11. Manner and Particulars of Registration.
12. Statement to be Signed by Person Registering.
13. Time for Registration.
14. Registration of Changes.
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Act 7 Registration of Business Names Act 2008
15. Penalty for Default in Registration.
16. Disability of Persons in Default.
17. Penalty for False Statements.
18. Particulars to be Furnished to Registrar.
19. Certificate of Registration.
20. Cancellation of Entries in Register.
21. Restriction on Registration of Certain Business Names.
22. Refusal of Registration.
23. Inspection of Documents and Provision of Copies.
24. Certified Copies to be Evidence.
25. Publication of True Names.

CHAPTER IV
PROVISIONS AND PENALTIES

26. Offences.
27. Penalties.

CHAPTER V
MISCELLANEOUS PROVISIONS

28. Extension of Time.


29. Regulations.

____________________

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Act 7 Registration of Business Names Act 2008

LAWS OF SOUTHERN SUDAN

THE REGISTRATION OF BUSINESS NAMES


ACT, 2008

In accordance with the provisions of Article 59(2)(b)


read together with Article 85(1) of the Interim
Constitution of Southern Sudan, 2005, the Southern
Sudan Legislative Assembly, with the assent of the
President of the Government of Southern Sudan,
hereby enact the following—

CHAPTER I

PRELIMINARY PROVISIONS

1. Title and Commencement.


Signed on
2nd July,
This Act may be cited as “The Registration of
2008
Business Names Act, 2008” and shall come into
force on the date of its signature by the President.
2. Repeal and Saving.

(1) The Registration of Business Names Act, 1931


and any provisions of existing legislation in force
in Southern Sudan which are governed by this
Act, are hereby repealed or cease to operate in
Southern Sudan provided that all registration,
proceedings or Acts and regulations taken or
made thereunder, except to the extent they are
revoked, cancelled by or are otherwise
inconsistent with the provisions of this Act, shall
remain in force or effect, until they are repealed
or amended in accordance with the provisions of
this Act.
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Act 7 Registration of Business Names Act 2008
(2) Where any offence, being an offence for the continuance of
which a penalty was provided, was committed under the
Registration of Business Names Act, 1931 or the new Sudan
Companies Act, 2003, proceedings may be taken under this
Act in respect of the continuance of the offence after the
coming into force of this Act in the same manner as if the
offence has been committed under the corresponding
provisions of this Act.
(3) The mention of particular matters in this section shall be
without prejudice to the general application of the provisions
of the Interpretation of Laws and General Provisions Act,
2006 which relate to the effect of repeals.

3. Purpose.

The purpose of this Act is to provide for the registration of firms,


individuals and corporations carrying on business under
business names in Southern Sudan, and for matters incidental
thereto and connected therewith.

4. Authority and application.

(1) This Act is issued in accordance with the provisions of


Article 55 of the Interim Constitution of Southern Sudan,
2005.

(2) This Act shall apply to every business operating in


Southern Sudan and is required to register under section 8
of this Act, and save as is otherwise provided herein.

(3) A reference in this Act, express or implied, to the date of


registration of an existing business name, shall be
construed as a reference to the date on which such business
was registered.
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Act 7 Registration of Business Names Act 2008
5. Interpretations.

(1) In this Act, unless the context otherwise requires, the


following words and expressions shall have the meanings
assigned to them respectively—

“Business” means a commercial enterprise carried on for


profit and it includes every trade, occupation or
employment habitually engaged in for livelihood or gain;
“Business name” means the name or style under which
any business is carried on, whether in partnership or
otherwise, other than the true names of an individual;
“Court” means a court of competent jurisdiction;
“Firm” means an unincorporated body of two or more
individuals, or one or more individuals and one or more
corporations, or of two or more corporations, who or which
have entered into partnership with one another with a view
to carrying on business for profit;
“Foreign concern” means any individual, firm or
corporation whose principal place of business is not
situated within Southern Sudan;
“Individual” means a natural person and does not include
a corporation;
“Initials” includes any recognized abbreviation of a
forename;
“Minister” means the Minister of Legal Affairs and
Constitutional Development;
“President” means the President of the Government of
Southern Sudan;
“Register” means the register, which the registrar is
required to keep under section 6;
“Registrar” means the Chief Registrar of Companies,
Businesses, Non Governmental Organisations and
Associations appointed under section 6.
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Act 7 Registration of Business Names Act 2008
(2) Where any person is required by this Act to furnish
particulars of his or her nationality, he or she shall also state
his or her citizenship, if any.

(3) Reference in this Act to a change of name does not include a


change of name, which has taken place before the person whose
name has been changed attained the age of eighteen years.

CHAPTER II

REGISTRAR, REGISTER AND OFFICE OF REGISTRAR

6. Registrar, Deputy Registrar and Assistant Registrars.


(1) The Chief Registrar shall be the Registrar for the purposes
of this Act.

(2) The Minister may assign a Deputy Chief Registrar and such
Assistant Registrars as may, from time to time, be required
for the purposes of this Act.
(3) The Deputy Chief Registrar and every Assistant Registrar
may, subject to the directions of the Registrar, perform any
act or discharge any duty which the Registrar may lawfully
do or is required by this Act to do, and, for such purposes,
shall have all the powers, privileges and authority of the
Registrar under this Act.
(4) The Registrar shall keep a register in the prescribed form in
which shall be entered such particulars as are required by
this Act and any regulations made under this Act to be
entered in the Register.
7. Office of the Registrar.
(1) The principal office of the Registrar shall be in Juba, but the
Registrar may maintain other offices in such places as he or
she may, with the approval of the Minister, determine, and
may keep copies of the register in such offices.
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Act 7 Registration of Business Names Act 2008
(2) Any person, with a vested interest, may inspect any such
copy of the register on payment of the prescribed fee.

(3) Statements, notices, applications and other documents shall


be sent or delivered to the Registrar at his or her principal
office or at the branch office.

CHAPTER III

REGISTRATION

8. Individuals, Firms and Corporation to be Registered.

(1) Subject to the provision of this Act—


(a) every individual having a place of business in
Southern Sudan and carrying on business under a
business name which does not consist of his or her
surname without any addition other than his or her the
forenames or the initials of forenames;
(b) every firm having a place of business in Southern
Sudan and carrying on business under a business name
which does not consist of the surnames of all
individuals who are partners and the corporate names
of all corporations which are partners, without any
addition other than the forenames of individual
partners or the initials of such forenames;
(c) every individual or firm having a place of business in
Southern Sudan, who, or a member of which, has
before or after the commencement of this Act changed
his or her name, otherwise than, in the case of a
woman, in consequence of marriage; and
(d) every corporation having a place of business in
Southern Sudan and carrying on business under a
business name which does not consist of its corporate
name without any addition,
shall be registered in the manner required by this Act.
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Act 7 Registration of Business Names Act 2008
(2) Notwithstanding the provision of subsection (1) above—
(a) where two or more individual partners have the same
surname, the addition of an “s” at the end of that
surname shall not of itself render registration necessary;
(b) where the business is carried on by a trustee in bankruptcy
or by a receiver or manager appointed by the court,
registration shall not be necessary; and
(c) a purchase or acquisition of property by two or more
persons as joint tenants or tenants in common shall not
of itself be deemed to be a carrying on of a business,
whether or not the owners share any profits from the
sale thereof.

9. Registration by Nominee.

Where an individual, a firm or corporation having a place of


business within Southern Sudan carries on business wholly or
mainly as the nominee or trustee of or for another person or other
persons, or another corporation, or acts as general agent for any
foreign firm, the individual, firm or corporation shall be
registered in the manner provided by this Act.

10. Reservation of Business Name.

(1) Not less than seven days before commencing business


under this Act, or commencing to use a business name,
every individual, firm or corporation which after such
commencement would be required under this Act to be
registered shall, before posting or delivering to the registrar
the statement of particulars as required by section 11 below
or, in the case of a proposed change of business name, the
notice of change required by section 14 herein, send by
registered post or deliver to the Registrar the prescribed fee
together with a written request, to be informed whether or
not the business name to be proposed for registration as
required by either of those sections may be registered.
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Act 7 Registration of Business Names Act 2008
(2) Within seven days of receipt of the written request and
prescribed fee under subsection (1) above, the Registrar
shall send by post or deliver to the address of such
individual, firm or corporation, or cause to be received by
such individual, firm or corporation, a notification in
writing stating whether or not the business name may be
registered.

(3) Where the Registrar has stated that the business name or
change of business name may be registered, the individual,
firm or corporation which made the request shall be entitled
to registration in that business name at any time within
twenty-eight days from the date of the decision of the Registrar.

(4) During the period specified under subsection (3) above, no


other firm, person or corporation shall be entitled to
registration in, or of registration of change to that business
name.

11. Manner and Particulars of Registration.

(1) Subject to the provisions of section 22 (2) herein, every


individual, firm or corporation required under this Act to be
registered shall send by registered post or deliver to the
Registrar a statement in writing in the prescribed form
referred to in this Act as the statement of particulars, which
shall contain the following particulars—

(a) the business name;


(b) the general nature of the business;
(c) the date of commencement;
(d) the physical address of the principal place of business
and the postal address of the individual, firm or
corporation;
(e) the physical address of any other place of business;
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Act 7 Registration of Business Names Act 2008
(f) where the registration to be effected is that of a firm,
the present forenames and surname, any former
forenames or surname, the nationality, the age, the
gender, the usual residence, and any other business
occupation of each of the individuals who are partners,
and the corporate name and registered and principal
office of every corporation which is a partner;
(g) where the registration to be effected is that of an
individual, the present forenames and surname, any
former forenames and surname, the nationality, the
age, the gender, the usual residence, and any other
business occupation of such individual;
(h) where the registration to be effected is that of a
corporation, its corporate name and registered and
principal office; and
(i) if the business is commenced after the passing of this
Act, the date of the commencement of the business.
(2) Where a business is carried on under two or more business
names, each of those business names shall be stated.
(3) Any individual, firm or corporation required to be registered
under section 9 of this Act, shall furnish the following
particulars, in addition to those specified in subsections (1)
and (2) above—
(a) where the individual, firm or corporation required to
be registered carries on business as nominee or trustee,
the present forenames and surname, any former
forenames or surname, the nationality and, if that
nationality is not the nationality of origin, the
nationality of origin, and the usual residence or, as the
case may be, the corporate name, of every person or
corporation on whose behalf the business is carried on;
(b) where the individual, firm or corporation required to
be registered carries on business as general agent for any
foreign concern, the business name and address of the
concern as agent for whom the business is carried on;
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Act 7 Registration of Business Names Act 2008
(c) where the business is carried on as agent for three or
more foreign concerns, it shall be sufficient to state the
fact that the business is so carried on, specifying the
countries in which such foreign concerns carry on
business; and
(d) where the commencement of the business or any part
thereof requires prior written approval of a competent
authority, a copy of such approval authorizing the
commencement of the business.
(4) On receipt of a statement of particulars, the registrar shall,
subject to section 23, enter the individual, firm or corporation
in the register.

12. Statement to be Signed by Persons Registering.

(1) Every statement of particulars shall, in the case of an


individual, be signed by the individual, and in the case of a
corporation be signed by a director or the secretary of the
corporation, and in the case of a firm by all the individuals
who are partners, and by a director or the secretary of all
corporations which are partners.

(2) In the case of a firm, the statement of particulars may be


signed by one individual who is a partner or a director or
the secretary of a corporation which is a partner, if verified
by a statutory declaration made by the signatory.
(3) A statutory declaration stating that any person other than
the declarant is a partner, or omitting to state that any
person other than the declarant is a partner, shall not be
admitted as evidence for or against any other person in
respect of his or her liability or non-liability as a partner.

(4) The court may, on the application of any person alleged or


claiming to be a partner, direct the rectification of the
register and decide any question arising under this section.
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Act 7 Registration of Business Names Act 2008
13. Time for Registration.

(1) The particulars required to be furnished under this Act,


shall be furnished within twenty eight days after the
individual, firm or corporation commences business or
commences to use the business name, as the case may be.

(2) Where an individual, firm or corporation changes the name


of the business as a consequence of the death or retirement
of one of the partners of a firm or of any person having
changed his or her name or of any other reason, any firm or
individual, not until then required to be registered under
this Act, is required thereafter to be registered.

(3) For the purposes of registration in pursuance of subsection


(2) above, the statement of particulars shall be sent by
registered post or delivered to the Registrar within twenty
eight days after such happening.

14. Registration of Changes.

(1) Subject to provisions of section 22(2) herein, whenever a


change is made or occurs in any of the following particulars—
(a) the business name;
(b) the physical address of the principal or any other place
of business;
(c) the nature of the business; or
(d) the names of the partners,
in respect of any individual, firm or corporation, such
individual, firm or corporation shall, within twenty-eight
days after such change, send by registered post or deliver to
the Registrar a notice in writing in the prescribed form
specifying the nature and date of the change signed, and
where necessary verified, in like manner as a statement of
particulars.
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Act 7 Registration of Business Names Act 2008
(2) Notwithstanding the provisions of this section, the
provisions of section 12 (2) of this Act, shall not apply in
the case of a notice under this section relating to a firm.

(3) On receipt of such notice, the Registrar shall, subject to the


provisions section 22 herein, make such entries, amendments
or deletions in the register as he or she may deem
appropriate.

15. Penalty for Default in Registration.

Where a firm, individual or corporation required by this Act to


furnish a statement of particulars or a notice of any change in
particulars, makes default in so doing in the manner and within
the time specified by this Act without reasonable excuse, every
partner in the firm or the individual or corporation, as the case
may be, so in default commits an offence, and shall upon
conviction be liable to a fine not exceeding twenty five Sudanese
Pounds for every day during which the default continues, and the
court shall Act a statement of the required particulars or notice
of the change in the particulars to be furnished to the Registrar
within such time as may be specified in the Act.

16. Disability of Persons in Default.

(1) Where any individual, firm or corporation required by this


Act to furnish a statement of particulars or a notice of any
change in the particulars specified in section 14 above,
makes default in so doing, the rights of the defaulter under
or arising out of any contract made or entered into by or on
behalf of such defaulter in relation to the business in respect
of the carrying on of which the statement of particulars or
any change in particulars was required to be furnished may,
upon application by an aggrieved contracting party, be
declared unenforceable by the court.
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Act 7 Registration of Business Names Act 2008
(2) The court may, subject to a finding that the default was
accidental, or due to inadvertence, or some other sufficient
cause, or that on other grounds it is just and equitable to
grant relief, declare such contract enforceable, on condition
of the costs of the application being paid by the defaulter,
provided that the court may not make such declaration if
any party to the contract proves to the satisfaction of the
court that, if this Act had been complied with, he or she
would not have entered into the contract.

(3) Nothing in this section shall prejudice the rights of any


other parties as against the defaulter to enforce the rights of
that party in respect of such contract as aforesaid.

(4) If any action or proceedings are commenced by any party


against the defaulter to enforce the rights of that party in
respect of such contract, nothing in this subsection shall
preclude the defaulter from enforcing in that action or
proceeding by way of counterclaim, set off or otherwise,
such rights as he or she may have against that party in
respect of the contract.

17. Penalty for False Statements.

If any statement, notice or application sent or delivered to the


Registrar contains any matter which is false in any material particular
to the knowledge of any person signing it, or which that person has
no reason to believe is true, that person commits an offence.
18. Particulars to be Furnished to Registrar.

(1) The Registrar may require any individual or, in the case of
a corporation, any director or the secretary or other officer
performing the duties of secretary to furnish to him or her,
in writing, such particulars as appear to the Registrar to be
necessary to ascertain whether or not such individual or any
firm of which he or she is a partner or appears to be a
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Act 7 Registration of Business Names Act 2008
partner, or the corporation of which such person is a
director or the secretary or other officer, should be
registered under this Act, or whether any alteration in the
registered particulars should be made, and may require any
such particulars to be verified by a statutory declaration.

(2) For the purposes of this section, the Registrar may require
any person who is acting or purporting to act or appears to
be acting on behalf of any such individual, firm or
corporation referred to in subsection (1) above, whether
under a power of attorney or otherwise, to furnish such
particulars as are referred to in subsection (1) above.

(3) Where a person upon being required so to do under subsection


(1) or (2) above, fails to supply such particulars as it is in his
or her power to give, or furnishes particulars which are false in
any material particular or which he or she has no reason to
believe are true, he or she commits an offence.

19. Certificate of Registration.

(1) On the registration of any individual, firm or corporation


under this Act, the Registrar shall issue a certificate in the
prescribed form.

(2) The Registrar shall assign a registration number to any


individual, firm or corporation so registered.

(3) On the registration of any change in the particulars registered in


respect of any individual, firm or corporation, the Registrar
shall issue a fresh certificate in the prescribed form.

(4) Every certificate issued under this section shall show the
full names or name of the partners or individual, and in the
case of any person who has changed his or her name his or
her former name or names.
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Act 7 Registration of Business Names Act 2008
(5) A certificate issued under this section shall be sent by
registered post or delivered to the individual, firm or
corporation registering, who shall thereupon exhibit and
thereafter maintain the certificate in a conspicuous position
at the principal place of the business so registered.

(6) Where a fresh certificate has been issued under sub-section


(2), this subsection shall apply to such fresh certificate only
and not to the certificate originally issued.

(7) Subject to the provisions of subsection (4) above, where


any certificate has been lost or destroyed or rendered
illegible, a copy of such certificate certified by the registrar
may be exhibited in place of the original.
(8) Where an individual, firm or corporation registered under
this Act has more than one place of business, the original
certificate shall be exhibited and maintained as required by
subsection (5) at the principal place of business and a copy
of the certificate certified by the Registrar shall be
exhibited and thereafter maintained in a conspicuous
position in each of such other places of business.

(9) Where an individual, firm or corporation fails to comply


with any of the provisions of subsections (5) and (8), every
partner in the firm, or such individual, or such corporation,
as the case may be, commits an offence.

(10) At the Registrar’s office, the Registrar shall keep an index of all
the firms and persons registered at the office under this Act.

20. Cancellation of Entries in Register.

(1) Where an individual, firm or corporation registered under


this Act ceases to carry on business, 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 of the individual or if he
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Act 7 Registration of Business Names Act 2008
or she is dead of his or her personal representative, or of the
directors and officers of the corporation, as the case may be,
within three months after the business has ceased to
operate, to send by registered post or deliver to the
Registrar notice in the prescribed form that the firm or
individual or corporation has ceased to carry on business.

(2) Where the individual, firm or corporation is bankrupt or in


liquidation, the notice in subsection (1) above shall be delivered
by the receiver, trustee or liquidator, as the case may be.

(3) On receipt of the notice referred to in subsection (1) above,


the Registrar may cancel the entry in the register relating to
such individual, firm or corporation.

(4) Where the Registrar has reasonable cause to believe that


any individual, firm or corporation registered under this
Act is not carrying on business, he or she may send to the
individual, firm or corporation by registered post and by
publication in the media, a notice that unless a response is
received to such notice within twelve weeks from the date
thereof the entry in the register relating to such individual,
firm or corporation shall be cancelled.
(5) Where the Registrar receives a response from the
individual, firm or corporation to the effect that the
individual, firm or corporation is not carrying on business
or does not within twelve weeks after the date of the notice
receive a response, he or she may cancel the entry in the
register relating to such individual, firm or corporation.
(6) Where, in the case of a firm, individual or corporation
registered under this Act, there occurs after the registration
an event in consequence of which the continuance of the
business under the business name under which such firm,
individual or corporation has been carrying on business no
longer entails registration under this Act, the individual,
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Act 7 Registration of Business Names Act 2008
firm or corporation so continuing the business shall send by
registered post or deliver to the Registrar notice of the
occurrence of such event, and the Registrar may, on being
so notified or on being notified under section 14 herein, of
the occurrence of such event, cancel the entry in the register
relating to such individual, firm or corporation.
(7) On cancelling any entry under this section, the Registrar
may require any certificate issued under this Act relating
thereto to be surrendered to him or her for cancellation.
21. Restriction on Registration of Certain Business Names.
(1) Where, after the commencement of this Act—
(a) an individual, firm or corporation is, through
inadvertence or otherwise, registered under a business
name under which registration under this Act ought to
have been refused; or
(b) a change of ownership of a business occurs as a result
of which an individual, firm or corporation is carrying
on business under a business name which, on an
application for registration under this Act, ought to
have been refused,
the Registrar shall, by notice in writing, require such
individual, firm or corporation to change such business
name within such time as may be specified in such notice,
and upon compliance with such notice the Registrar shall
record such change without requiring the payment of any
fee; and if default is made in complying with his or her
requirements the Registrar may cancel the entry in the
register relating to such individual, firm or corporation.
(2) Notwithstanding the provisions of subsection (1) above,
where the Registrar is reasonably satisfied that, having
regard to the nature of any business the retention of the
business name would not be contrary to public interest, he
or she may permit the retention of such name.
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Act 7 Registration of Business Names Act 2008
22. Refusal of Registration.

(1) The Registrar shall refuse to register a business name


which—

(a) is identical with or so nearly resembles another


registered business name or is similar to that of an
existing corporation, as to be reasonably capable of
deceiving the public, except when the proprietor of the
existing registered business name or corporation,
signifies his or her consent in such manner as the
Registrar requires;
(b) contains any words “Presidential”, “Government”,
“State” or any other word which imports or suggests
that the business enjoys the sanction, approval or
patronage of the President or imports any connection
with the Government, state or with any other local
authority;
(c) which includes the word “co-operative” or its
equivalent in any other language or any abbreviation
thereof; or
(d) contains the words “bank”, “banking” or Chamber of
Commerce” except with the consent in writing of the
Minister responsible for finance or authority to which
such powers have been delegated.

(2) Where registration of a business name or change of


business name is refused under subsection (1) above, any
person carrying on business under that name in
circumstances which require registration under this Act
commits an offence.

(3) Any person aggrieved by a decision of the Registrar under


this section may appeal to the High Court.
19
Act 7 Registration of Business Names Act 2008
23. Inspection of Documents and Provision of Copies.

Any person with a vested interest may, upon payment of the


prescribed fee—
(a) inspect the register or any documents filed with the
Registrar;
(b) require to be supplied with a certificate, duly certified
by the Registrar, showing the subsisting entries in the
Register relating to any individual, firm or corporation
registered under this Act; or
(c) require to be supplied with a copy of or an extract
from any document filed with the Registrar duly
certified by the registrar to be a true copy or extract, as
the case may be.

24. Certified Copies to be Evidence.

A certificate of registration or a copy of, or extract from any


document kept, filed or registered at the office of the registrar, if
duly certified to be a true copy or extract under the hand of the
Registrar, shall in all legal proceedings, civil or criminal, be
admissible as prima facie evidence of the contents of the
document.
25. Publication of True Names.

(1) Every individual, firm or corporation required to be


registered by this Act shall, in all trade circulars and
business letters on or in which the business name appears
and which are issued or sent by the individual, firm or
corporation to any person, have mentioned in prominent,
legible Roman letters—

(a) in the case of an individual, his or her present


forenames or the initials thereof and present surname,
any former forenames or surname, his or her
nationality;
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Act 7 Registration of Business Names Act 2008
(b) in the case of a firm, the present forenames or the
initials thereof and present surnames, any former
forenames and surnames, and the nationality of all the
individuals and the corporate names of all corporations
that are partners in the firm; and
(c) in the case of a corporation, the corporate name.

(2) Every individual, firm or corporation required to be


registered by this Act shall indicate its registration number
on all its official documents.

(3) Where an individual, firm or corporation fails to comply


with the provisions of this section, every partner in the firm,
or such individual, or such corporation, as the case may be,
commits an offence.

CHAPTER IV

OFFENCES AND PENALTIES

26. Offences.

(1) Where a corporation commits an offence under this Act,


every director, secretary or officer of the corporation who is
knowingly a party to the default commits a like offence and
is liable to a like penalty.

(2) Where any firm or individual has committed any offence


under this Act, or any regulations made thereunder, then,
without prejudice to the liability of such firm or individual
for such offence, every manager or other person concerned
in the management of the business of such firm or individual
shall, unless he or she proves that the offence was
committed without his or her knowledge or consent, and
shall on conviction, be punished for that offence.
21
Act 7 Registration of Business Names Act 2008
27. Penalties.
Any person who commits an offence under this Act, for which
no other penalty is specifically provided shall, on conviction be
liable to a fine not exceeding one thousand Sudanese Pounds and
in default of payment, to imprisonment for a term not exceeding
three months.
CHAPTER V

MISCELLANOUS PROVISIONS

28. Extension of Time.


Any period prescribed under this Act for the lodging of any
statement or notice may be extended by the Registrar, on
application being made in any particular case whether before or
after the expiration of such period and on payment of the prescribed
fee, for such longer period as the Registrar deems appropriate.

29. Regulations.
The Minister may make regulations generally for effective and
efficient implementation of the provisions of this Act, and in
particular may make regulations prescribing—
(a) the fees for registration under this Act; as shall be
determined by Minister of Finance and Economic
Planning;
(b) the forms to be used under this Act;
(c) the duties to be performed by the Registrar under this
Act;
(d) the performance by Assistant Registrars and other
officers of acts required by this Act to be done by the
Registrar;
(e) generally, the conduct and regulation of registration
under this Act, and any matters incidental thereto.
______________

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