Business Names Ordinance, 1932

The District Officers in districts other than Kuching district where this Ordinance applies shall be the Registrars under this

Ordinance for such firms carrying on business within their respective districts.

[Subsection (2) amended by Commissioners of Law Revision]

Certain firms to be registered

All such firms shall within one month of commencing to carry on business furnish to the Registrar the information required in section 5.

† Am. Act 5/65, Act 26/67 and Reprint Commissioner.

‡ The Probate Officer, Public Trustee’s Office, Kuching — G.N. No. 1653/67.

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Every such firm which has an office, shop, store or factory in more than one of the districts specified in the second column of the

Schedule shall be registered with the Registrar of each such district, and the Registrar of each such district shall be furnished with the particulars required by section 5 and a separate fee under section 6

shall be paid to each Registrar. The information required to be given under sections 9 and 13 shall be given to each such Registrar.

The Minister may, by notification in the Gazette, amend the

Schedule.

[Mod. F.L.N. 285/65.]

[Amended by Commissioners of Law Revision]

Manner of registration and details to be stated

the name of the firm, that is to say, the name under which its business is carried on, and if the business is carried on under more than one name, every such name;

the number of partners;

the full names, address and nationality (or race) of the proprietor or of each partner as the case may be. If any person is or has at any time been known by any other name or names, these must be stated;

the principal place of business and every branch office and subsidiary place of business of the firm;

the general nature of the business;

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the date of the commencement of the business;

if the firm is a partnership, the duration of the partnership (if fixed);

specimens of all chops and official seals to be used in connection with the business;

the proportionate share of each partner in the business;

particulars sufficient to identify all other businesses or firms in which the proprietor or any of the partners, as the case may be, is or are interested, including such businesses or firms as may not be required to be registered under this Ordinance.

Such statement shall be signed by the proprietor or, in the case of a partnership firm, by each partner resident in Sarawak or by his or her duly authorized representative, who shall be responsible for the accuracy of all particulars contained therein.

Registration fee

no such certificate shall be issued to any firm consisting of more than twenty partners; and

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the Registrar may refuse to issue a certificate of registration if he suspects or has reason to believe that the statement required under section 5 contains any material omission or misstatement, or that the trade or business is not carried on for some bona fide object or objects; but a person or firm aggrieved by any such decision may appeal to the High Court.

Such certificate shall be exhibited in some conspicuous position on the premises of the principal place of business of the firm, and shall be produced for inspection whenever called upon by the

Registrar or by anyone authorized by him.

The Registrar shall cancel the certificate of any firm which

—

On the cancellation of any certificate granted under this

Ordinance, the Registrar shall cause a notice of such cancellation to be published as soon as possible in the Gazette.

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Register of firms

Such register shall be properly indexed and shall be open to inspection by the public at all reasonable times on payment of the prescribed fee.

[Amended by Ordinance 12 of 1958 and amended by Commissioners of Law Revision]

Registrar to be notified of any change in the firm

On receipt of such notice, the Registrar may remove the name of the firm from the register and shall in any case publish a notice of cessation of business as soon as possible in the Gazette.

If the Registrar has reasonable cause to believe that any firm registered under this Ordinance is not carrying on business, he may serve upon the firm by registered post or other effective means a notice that unless an answer is received to such notice within one month from the date thereof the name of the firm may be removed from the register.

If the Registrar either receives an answer from the firm to the effect that the firm is not carrying on business or does not within one month after serving the notice receive an answer, he may remove the name of the firm from the register.

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Penalties

If any person without reasonable excuse, makes default in rendering to the Registrar any information required of him by this

Ordinance or fails to give effect to any of the requirements thereof, the penalties for which are not specially provided for in this Ordinance, such person shall be guilty of an offence: Penalty, a fine of fifty ringgit for every day during which the default or omission continues.

[Amended by Ordinance 16 of 1957 and recast by Commissioners of

Law Revision]

If any person shall, without reasonable excuse, render any information to the Registrar which is materially incorrect or false, such person shall be guilty of an offence: Penalty, imprisonment for six months and a fine of one thousand ringgit.

[Amended by Ordinance 16 of 1957]

Rules

*15. The Minister may make rules for the better carrying into effect of the provisions of this Ordinance and for prescribing anything which is required to be prescribed.

[Mod. F.L.N. 285/65.]

[Amended by Commissioners of Law Revision]

* See Business Names (Fees) Rules, 1959 (G.N.S. 57 of 1959).

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