Whenever a change is made or occurs in any of the particulars registered in
respect of any firm or person such firm or person shall, within twenty-eight days after
such change or such longer period as the Registrar may, on application being made in
any particular case, whether before or after the expiration of such twenty-eight days,
allow, sending by post or deliver to the Registrar a statement in writing in the prescribed
form specifying the nature and date of the change signed, and where necessary verified
in like manner as the statement required on registration.
12. Rectification of the register in certain cases
(1) If, after the thirteenth day
of May, 1955–
(a) any firm, individual 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) any change of ownership of a business occurs as a result of which a firm,
individual 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 firm, individual 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, subject to the provisions of section
9, record such change without requiring the payment of any fee and if the default is
made in complying with his requirements the Registrar may cancel the entry in the
Register relating to such firm, individual or corporation:
Provided that where the Registrar is satisfied that, having regard to the nature of
any business and the nationality of the persons employed therein, the retention of the
business name would not be contrary to the public interest, he may in his absolute
discretion permit the retention of such name subject to such conditions as he may think
fit.
(2) Any firm, individual or corporation aggrieved by any requirement of the
Registrar under this section or by the cancellation of any entry in the register may appeal
to the High Court whose decision shall be final.
13. Penalty for default in registration If any firm or person by this Act required to
furnish a statement of particulars or of any change in particulars shall without reasonable
excuse make default in so doing in the manner and within the time specified by this Act
every partner in the firm or the person so in default shall upon conviction be liable to a
fine not exceeding two hundred shillings for every day during which the default
continues, and the court shall order a statement of the required particulars or change in
the particulars to be furnished to the Registrar within such time as may be specified in
the order.
14. Penalty for carrying on business under unauthorised name
If the firm,
individual or corporation carries on business under a business name in respect of which
such firm, individual or corporation has been refused registration under section 9 or
which the Registrar has required to be changed under section 12, every partner in the
firm or the individual or the corporation, as the case may be, commits an offence under
this Act of and upon conviction be liable to a fine not exceeding one thousand shillings
for every day during which the offence continues:
Provided that no partner commits an offence under this section if he shall satisfy
the court that the business was so carried on without his knowledge or consent and that
its being so carried on was not facilitated by any neglect on his part.
15. Disability of persons in default
(1) Where any firm or person by this Act required to furnish a statement of
particulars or of any change in particulars shall have made default in so doing, then the