BUSINESS NAMES ORDINANCE

Arrangement of Sections

1. Short title.

2. Firms and persons to be registered.

3. Registration by nominee.

4. Manner and particulars of registration.

5. Statement to be signed by persons registering.

6. Time for registration.

7. Registration of changes in firm.

8. Penalty for default in registration.

9. Disability of persons in default.

10. Penalty for false statements.

11. Duty to furnish particulars to registrar.

12. Registrar to file statement and issue certificate of registration.

13. Index to be kept.

14. Removal of name from register.

15. Misleading business that names.

16. Inspection of statements registered.

17. Power to make rules.

18. Offences by corporations.

19. Businesses carried on by local manager.

20. Interpretation.

SCHEDULE

6 of 1918,

27 of 1919,

8 of 1938,

7 of 1987.

AN ORDINANCE to provide for the registration of firms and persons carrying on business under business names and for purposes connected therewith.

[Date of Commencement: 7th November, 1918]

1. Short title.

This Ordinance may be cited as the Business Names Ordinance.

2. Firms and persons to be registered.

Subject to the provisions of this Ordinance—

(a) every firm having a place of business in Sri Lanka and carrying on business under a business name which does not consist of the true full names of all partners who are individuals and the corporate names of all partners who are corporations without any addition;

(b) every individual having a place of business in Sri Lanka and carrying on business under a business name which does not consist of his true full names without any addition; and

(c) every individual or firm having a place of business in Sri Lanka who, or a member of which, has either before or after the passing of this Ordinance changed his name, except in the case of a woman in consequence of marriage, shall be registered in the manner directed by this Ordinance:

Provided that—

(i) where the addition merely indicates that the business is carried on in succession to a former owner of the business, that addition shall not of itself render registration necessary; and

(ii) where the business is so carried on by the assignee of an insolvent's estate, or a receiver or manager or curator appointed by any court, registration shall not be necessary; and

(iii) a purchase or other acquisition of property by two or more persons is not of itself to be deemed carrying on a business, whether or not the owners share any profits arising from the sale thereof.

3. Registration by nominee.

Where a firm, individual, or corporation having a place of business within Sri Lanka carries on the business wholly or mainly as nominee or trustee of or for another person, or other persons, or another corporation, or acts as agent for any foreign firm for the general purposes of the business of such foreign firm in Sri Lanka, the first-mentioned firm, individual, or corporation shall be registered in manner provided by this Ordinance, and in addition to the other particulars required to be furnished and registered, there shall be furnished and registered the particulars mentioned in the Schedule, or such other particulars as the Minister, by notification in the Gazette, may require:

Provided that where the business is so carried on by the assignee of an insolvent estate, or a receiver or manager or curator appointed by any court, registration under this section shall not be necessary.

4. Manner and particulars of registration.

(1) Every firm or person required under this Ordinance to be registered shall furnish, by sending by post or delivering to the Registrar at the register office in that part of Sri Lanka in which the principal place of business of the "firm or person is situated, a statement” in writing in the prescribed form containing the following particulars—

(a) the business name;

(b) the general nature of the business;

(c) the principal place of business;

(d) where the registration to be effected is that of a firm, the present name (in full), any former name (in full), the nationality, and where that nationality is not the nationality of origin, the nationality of origin, the usual residence, and the other business occupation, if any, of each of the individuals who are partners, and the corporate name and registered or principal office of every corporation which is a partner;

(e) where the registration to be effected is that of an individual, the present name (in full), any former name (in full), the nationality, and if that nationality is not the nationality of origin, the nationality of origin, the usual residence, and the other business occupation, if any, of such individual;

(f) where the registration to be effected is that of a corporation, its corporate name and registered or principal office and the names and nationalities of its Directors;

(g) it the business is commenced after the passing of this Ordinance, 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 must be stated.

5. Statement to be signed by persons registering.

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