On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/05/2009.
13.
—(1) Except with the consent of the Minister, the Registrar shall refuse to register a person under this Act to carry on business under a name which, or to allow a person to change the name under which he carries on business to one which, in the opinion of the Registrar —
(a)
is undesirable;
(b)
is identical to that of any corporation or to a business name;
(c)
is identical to a name that is being reserved under this section, section 17 of the Limited Partnership Act 2008, section 19 of the Limited Liability Partnership Act (Cap. 163A) or section 27 of the Companies Act (Cap. 50); or
(d)
is a name of a kind that the Minister has directed the Registrar, by notification in the Gazette, not to accept for registration.
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(2) A person may apply in the prescribed manner to the Registrar for the reservation of a name set out in the application as —
(a)
the name of an intended business; or
(b)
the new name of the registered business of the person.
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(3) Upon receipt of an application under subsection (2) and payment of the prescribed fee, the Registrar may, if he is satisfied that the name to be reserved is not one which may be rejected on any ground referred to in subsection (1)(a), (b), (c) or (d), reserve the name for a period of 2 months from the date of lodgment of the application or such longer period as the Registrar may allow.
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(4) Notwithstanding anything in this section, where the Registrar is satisfied that a person has been registered (whether through inadvertence or otherwise, whether originally or by a change of name and whether before, on or after the date of commencement of the Business Registration (Amendment) Act 2009) to carry on business under a name —
(a)
(b)
which so nearly resembles the name of any corporation or any other business name as to be likely to be mistaken for it; or
(c)
the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332),
the Registrar may direct the person to change the name under which he carries on business, and the person shall comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow, unless the direction is annulled by the Minister.
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(5) Any person may apply, in writing, to the Registrar to give a direction to any other person, on a ground referred to in subsection (4), to change the name under which the second-mentioned person carries on business.
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(6) The Registrar shall not consider any application under subsection (5) to give a direction to a person on the ground referred to in subsection (4)(b) unless the Registrar receives the application within 12 months from the date of registration of the person.
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(7) The Registrar may cancel the registration of any person who fails to comply with a direction given under subsection (4).
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(8) The Registrar may, if he is satisfied that a person who is directed under subsection (4) to change the name under which he carries on business had applied for registration under that name in bad faith, require that person to pay the Registrar such fees as may be prescribed, and such fees shall be recoverable as a debt due to the Government.
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(9) Any person who is aggrieved by a direction of the Registrar under subsection (4) or a requirement of the Registrar under subsection (8) may, within 30 days of the date of the direction or requirement, appeal to the Minister whose decision shall be final.
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(9A) For the avoidance of doubt, where the Registrar makes a decision under subsection (4) or the Minister makes a decision under subsection (9), he shall accept as correct any decision of the High Court to grant an injunction referred to in subsection (4)(c).
(10) The Minister may make regulations for the purposes of determining the matters referred to in subsections (1) to (4).
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