Change of name - name clause, Business Law and Ethics

Change of Name:

A company's name may be changed voluntarily or compulsorily

(a)   Voluntary Change

A company's name may be changed voluntarily:

i. Under s.2.1 if a special resolution is passed by the company for that purpose after obtaining the written approval of the registrar. The registrar's approval is required so as to ensure that he does not later on reject the proposed name on the ground that it is undesirable.

ii. Under section 20(2) if the name was inadvertently registered by a name which, in the opinion of the registrar, is too like the name by which a company in existence is previously registered. No particular type of resolution is prescribed by the section and the change may therefore be made by ordinary resolution.

Although the section does not make it mandatory for the company to change its name it is advisable for the company to take immediate steps to effect the change as soon as it becomes aware of the situation. Any delay entails the risk of a passing-off action being instituted against the company.

iii.  Under section 21(2) if the Minister, by licence, authorises a company to make a change in its name. The change has to be made by special resolution so as to omit the word "limited" from the company's name.

Posted Date: 1/12/2013 2:23:55 AM | Location : United States

Related Discussions:- Change of name - name clause, Assignment Help, Ask Question on Change of name - name clause, Get Answer, Expert's Help, Change of name - name clause Discussions

Write discussion on Change of name - name clause
Your posts are moderated
Related Questions
Mrs. Rusholme occupied the firm of Saunders and Watts to refinish floors in assured rooms of a home owned by her and her husband in Red Deer, Alberta. She told Mr. Saunders that sh

Role of the Courts The role of the court system in Canada varies. Due to the numerous jurisdictions and different government levels involved, the courts are often asked to inte

What is the meaning of Policy process planning We shall see a step wise guide applied in actual policy formulation. It will pull you out of the jungle of technical interconnect

QUESTION The Occupational, Safety and Health Act 2005 states that Every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of

1. Indicate whether the following statements are true or false and briefly explain your answer. a. Actions by government to increase spending and by the central bank to increase

Contractual Capacity of Drunken Persons Whether a person purported to enter with a contract at a time at what time he was too drunk to understand then what he was doing and th

Economic and Social Council The Economic and Social Council (ECOSOC) is a specialized organ of the United Nations and was established, inter alia, to monitor and regulate human

Law Society of England However the Law Society of England is a body corporate constituted through the Law Society of England Act.  Therefore its objects or functions are, amon

Disadvantages of Stare Decisis - Rigidity However the case law method of administration of justice has been criticized on the grounds which it leads to rigidity because the di

Advantages of Stare Decisis - Practicality In fact the case law method has enabled judges to adopt a practical approach for legal problems since those problems have arisen