or non-liability as a partner, and that the High Court or a judge thereof may on
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.
8.
Time for registration
(1) The particulars required to be furnished under this Act shall be furnished
within twenty-eight days after the firm or person commences business, or the business
in respect of which registration is required, as the case may be:
Provided that if such firm or person has carried on such business before the
passing of this Act or commences such business within two months thereafter, the
statement of particulars shall be furnished after the expiration of two months and before
the expiration of three months from the passing of this Act, and that if at the expiration of
the said two months the conditions affecting the firm or person have ceased to be such
as to require registration under this Act the firm or person need not be registered so long
as such conditions continue.
(2) This section shall apply, in the case where registration is required in
consequence of a change of name, as if for references to the date of the
commencement of the business there were substituted references to the date of such
change.
9.
Restriction on registration of certain business names (1) The Registrar
shall refuse to register any firm, individual or corporation carrying on business under a
business name–
(a) which contains any word, which in the opinion of the Registrar, is likely to
mislead the public as to nationality, race or religion of the persons by whom the
business is wholly or mainly owned or controlled;
(b) which includes any of the words "Imperial", "Royal", "Empire",
"Commonwealth", "Government", "Municipal", or any other word, in such a
context as, in the opinion of the Registrar, imports or suggests that the business
enjoys the patronage of Her Majesty or of any member of the Royal Family or
as to import any connection with or recognition by the Government of any part
of Her Majesty's dominions or a local authority;
(c) which includes the words "building society" or "co-operative" or their equivalent
in any other language or any abbreviation thereof;
(d) which is identical with or is similar to that under which any firm, individual or
i
corporation is registered under this Act, or under the Companies Act *, or under
ii
the Co-operative Societies Act * if in the opinion of the Registrar such
registration would be likely to mislead the public.
(2) The Registrar, upon the request of any person and upon the payment of the
prescribed fee, shall state whether or not any proposed business name may be
registered.
(3) Where the Registrar has stated that any business name may be registered,
the firm, individual or corporation which made the request shall be entitled to registration
in that business name at any time within twenty-eight days of the date of the decision of
the Registrar, and during that time no other firm, person or corporation shall be entitled
to registration in that business name.
(4) Any firm, individual or corporation aggrieved by a decision of the Registrar
under this section may appeal to the High Court whose decision shall be final.
10. Registration not to authorise use The registration of a firm, individual or
corporation under this Act shall not be construed as authorising the use of a business
name if apart from such registration the use thereof could be prohibited.
11. Registration of changes in firm