(a ) is prohibited from using in his name or in the description or title under which he may carry on business
any word or combination of letters, the Registrar shall refuse to register a company by a name which
con tains such word or combination of letters;
(b ) is prohibited from using in his name or in the description or title under which he may carry on business
any word or combination of letters unless he has the permission of an authority specified in that enactment, the Registrar shall refuse to register a company by a name which contains such word or combination of letters unless that authority has indicated that the necessary permission would be given.
(5 ) The Registrar shall refuse to register a company under a name in which the word “Co-operative” or any
contraction or imitation thereof forms a part unless the memorandum and articles of the company complies with
section thirty-six.
(6 ) The Minister may make regulations in terms of section three hundred and sixty prohibiting a company
from being registered by a name which includes specified words or words which import or suggest that it enjoys
the patronage of a particular person, government or authority and no company shall be registered by a name which
includes any such words unless the Minister has consented in writing thereto:
Provided that nothing in this subsection contained shall be construed as preventing the name by which a company is registered under any law in force prior to the date on which that name is so prescribed from being retained
on the register as the name of that company.
(7 ) If the Registrar, after due inquiry and considering any evidence that may be placed before him, considers
that a company is registered, whether originally or by reason of a change of name, by a name which—
(a ) in his opinion, is likely to mislead the public or to cause offence to any person or class of persons or is
suggestive of blasphemy or indecency; or
(b ) he considers to be in conflict with the provisions of this section or undesirable for any other reason;
he may order the company in writing to change its name, and the company shall thereupon do so within a period
of six weeks from the date of the written order or such longer period as the Registrar may see fit to allow:
Provided that the Registrar may not make such an order if a period of more than twelve months has elapsed
since the date of the registration of the company or the change of name of the company, as the case may be.
(8 ) If a company makes default in complying with an order under subsection (7), the company shall be guilty
of an offence and liable to a default fine not exceeding level one.
(9 ) Before making any order in terms of subsection (7 ) the Registrar shall comply with such procedure as
may be prescribed for the purpose of ensuring that the company concerned is given an opportunity of being heard.
(10) For the purposes of any proceedings before the Registrar in terms of subsections (7) and (9), the Registrar shall have the same powers, rights and privileges as are conferred upon a commissioner by the Commissions
of Inquiry Act [ Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to
13 and 15 to 19 of that Act shall apply, mutatis mutandis, in relation to the hearing and determination before the
Registrar under subsections (7) and (9) and to any person summoned to give evidence or giving evidence before
him.
(11) Any person who is aggrieved by an order of the Registrar in terms of subsection (5 ) may appeal to a
judge of the court who may refer the matter to the court for argument.
(12) On any appeal in terms of subsection (9 ) a judge of the court or the court, as the case may be, may—
(a ) confirm the order of the Registrar; or
(b ) direct the Registrar to vary or revoke his or der.
(13) The court may at any time, on application by any person, order a company to change its name within
such period as may be specified by the court on the grounds that the name of the company—
(a ) is likely to mislead the public or gives so misleading an indication of the nature of its activities as to be
likely to cause harm to the public; or
(b ) is likely to cause damage to any other person.
[Section as amended by Act No. 22 of 2001]
25 Change of name
(1 ) A company may, by special resolution and with the written approval of the Registrar, change its name.
The Registrar shall not give such approval unless there has been published in the Gazette and in a daily newspaper circulating in the district in which the registered office of the company is situated an advertisement stating
that application will be made to the Registrar for his approval not less than fourteen days after the last publication
of the advertisement.
(2 ) Where the name of a company is changed in terms of this section, the Registrar shall enter the new name
on the register in place of the former name, and shall issue a certificate of incorporation altered to meet the circumstances of the case, or a certificate that the new name is entered on the register in place of the former name.
(3 ) Upon the production by a company to the Registrar of Deeds or a mining commissioner or other officer
proper for the registration of deeds or mining titles of a certificate by the Registrar in terms of subsection (2),
together with the relevant documents and application in writing, and on payment of the prescribed fees, such
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